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COMPILATION  OF  LAWS 


RELATING   TO 


THE  NAVY,  MARINE  CORPS,  ETC., 


FROM   THE 


REVISED  STATUTES 


STJBSEQUEDSTT    ^CTS 


( 

TO 

MARCH    3 

,    1883. 

rREPAUED 

BY 

JOHN    W. 

Hooa, 

AND 

PUBLISHED  BY  AUTHOKITY  OF  THE  NAVY  DEPARTMENT. 


WASHIIS^GTON: 

GOVERNMENT   PRINTING   OFFICE. 
1883. 


^^^ 


^jLycyj/^^ 


PREFACE 


This  compilation,  it  is  hoped,  will  prove  to  the  Navy  a  conveuiei^t 
liand-book;  and  the  fact  that  it  was  prepared  under  many  difficulties 
and  during  unofficial  hours,  may  excuse  any  omissions. 

The  arrangement  of  the  work*  is  not  so  complete  as  it  would  be  by  fur- 
ther dissection  of  the  subject-matter,  with  more  numerous  headings; 
but  by  its  division  into  parts  and  an  alphabetical  grouping  of  subjects, 
with  a  full  index  at  the  end,  it  is  believed  little  difficulty  will  be  expe- 
rienced, especially  after  some  familiarity  with  its  arrangement,  in  find- 
ing any  portion  of  its  contents  sought. 

Many  of  the  sections  are  repeated  in  the  compilation,  w^ith  the  view 
of  i»lacing  matter  under  appropriate  heads.  The  citation  of  the  acts, 
from  the  Statutes  at  Large,  on  which  the  sections  are  based,  which  was 
omitted  in  the  compilation  of  1875,  and  some  references  to  opinions  and 
decisions,  have  been  introduced — the  latter  not,  however,  as  authority 
for  action  or  decision  on  any  case,  but  rather  as  information. 

The  words  in  italics^  in  certain  sections,  are  intended  to  make  such 
sections  conform  to  existing  law :  legislation  subsequent  to  the  revision 
of  the  Statutes  rendering  it  necessary.  Headings  are  in  some  instances 
supplied. 

Much  that  was  in  the  compilation  of  1875,  although  possessing  value 
to  many  seeking  information,  has  been  omitted  from  this,  as  not  essen- 
tially necessary  for  those  for  whom  the  work  is  designed.  Portions  of 
Part  lY  may  be  seldom  referred  to,  but  it  was  thought  advisable  to 
retain  such  matter,  as  it  may  be  brought  into  use  occasionally. 

JKO.  W.  HOGGj 
Chief  ClerJcj  J^avy  Department. 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

Microsoft  Corporation 


http://www.archive.drg/details/compilationoflawOOunitrich 


Part  I. 
RELATING  TO  THE  NAVY,  PRINCIPALLY. 


Articles  governing  the  Ifavy,  and  other  miscel- 
laneous provisions. 

Chaplains. 

<;ivil  engineers. 

<Jonlract8  and  supplies. 

Deserters  and  desertion. 

Dismissal  and  resignation  of  officers. 

Engineer  Corps. 

Hospitals,  asylums,  artificial  limbs,  and  cemeter- 
ies. 

Hydrographic  Office. 

Line  officers. 

Mates. 

Medical  Corps. 

INautical  Almanac. 

2^ aval  Academy— Naval  cadets. 


Naral  constructors. 

Naval  Observatory. 

Naval  storekeepers. 

Navy-yards. 

Pay  Corps. 

Pay  and  allowances. 

ProlVssors  of  mathematics. 

Promotion  and  advancement. 

Rank  and  precedence. 

Ketireraent. 

Eations . 

Secretaries  and  clerks. 

Seamen  and  petty  officers. 

Vessels  of  the  Navy. 

Volunteer  service. 

"Warrant  officers. 


Part  II. 
THE  MARINE  CORPS. 


Part  III. 


ACCOUNTS,  ACCOUNTING  AND  DISBURSING  OFFICERS,  PUBLIC  MONEY  AND 
PROPERTY,  NAVY  DEPARTMENT  AND  BUREAUS,  CIVIL  SERVICE,  ETC. 


Appropriations  and  estimates. 
Accounting  officers  and  accounts. 
Advertising. 

Attorney-General  and  Department  of  Justice. 
Civil  service— Department  employes  and  regula- 
tions. 
Claitns  and  claim  agents. 
Court  of  Claims. 
Contingent  funds. 


Debts  due  by  and  to  the  United  States. 

Distress  warrants. 

Disbursing  officers  and  agents — Checks,  drafts, 

coins,  and  currency. 
Navy  Department  and  Bureaus. 
Public  documents,  public  printing  and  binding. 
Public  or  Department  records. 
Public  property  and  public  buildings. 
Statutes. 


Part  IV. 
MISCELLANEOUS. 


Bribes,  presents,  and  contributions. 

Bounty  and  bounty  land. 

Coast  Survey. 

Collisions— Rules  of  the  sea. 

Diplomatic  and  consular  officers. 

Expatriation. 

Extradition. 

Fish  Commission. 

Flags  and  standards. 

Fraud,  forgery,  and  theft. 

<ruano  islands. 

Habeas  corpus. 

Homesteads.  • 

Importation. 

Life-Saving  Service. 

Lights  and  buoys. 

Merchant  vessels  and  service,  and  yachts. 


Murder,  mutiny,  (fee. 

Neutrality. 

Patents. 

Pensions. 

Pension  funds. 

Perjury. 

Piracy. 

Pilotage. 

Postal  laws,  <fec. 

Prize  and  salvage. 

Quarantine  and  Board  of  Health. 

Railroads  and  telegraphs. 

Reserved  timber  lands. 

Revenue-Cutter  Service. 

Slave  and  cooly  trade  ;  kidnapping. 

Treason,  conspiracy,  insurrection,  and  rebellion. 


LA.A\^S 


Part  I. 
ARTICLES  FOR  THE  GOYERNMEII^T  OF  THE  NAVY. 


Sec. 

1624.  Articles  established. 


Art. 


1.  Conimander's  duties  of  supervision  and  cor- 

rection. 

2.  Divine  service. 

3.  Irreverent  behavior. 

4.  Offenses  punishable  by  death : 

1.  Mutiny. 

2.  Disobedience  of  orders. 

3.  Striking  supoiior  officer. 

4.  Intercourse  with  an  enemy. 

5.  Messages  from  an  enemy. 
C.  Desertion  in  time  of  war. 

7.  Deserting  trust. 

8.  Sleeping  on  watch. 

9.  Leaving  station. 

10.  "Willfulstranding  or  injury  of  vessel. 
U.  Unlawful  destruction  of  public  property. 

12.  Striking  tlag  or  treacheiously  yielding. 

13.  Cowardice  in  battle. 

14.  Deserting  duty  in  battle. 

15.  Neglecting  orders  to  prepare  for  battle. 

16.  Neglecting  to  clear  for  action. 

17.  Neglecting  to  join  on  signal  for  battle. 

18.  Failing  to  encourage  the  men  to  light, 

19.  Failing  to  seek  encounter. 

20.  Failing  to  aflbrd  relief  in  battle. 

5.  Spies. 

6.  Murder. 

7.  Imprisonment  in  penitentiary. 

8.  Offenses  punishable  at  discretion  of  court-mar- 

tial: 

1.  Profanity,  falsehood,  Sec. 

2.  Cruelty. 

3.  Quarreling. 

4.  Fomenting  quarrels. 

5.  Duels. 

G.  Contempt  of  superior  officer. 

7.  Combinations  against  superior  officer. 

8.  Mutinous  words. 

9.  Neglect  of  orders. 

10.  Not  preventing  destruction  of   public 

property. 

11.  Negligent  stranding. 

12.  Negligence  in  convoy  service. 

13.  Receiving  articles  for  freight. 

14.  False  muster. 

15.  Waste  of  public  property,  &c. 

16.  Plundering  on  shore. 

17.  Refusing  to  apprehend  offenders. 

18.  Refusing  to  receive  prisoners. 

19.  Absence  from  diity  without  leave. 

20.  Violating  General  orders  or  regulations. 

21.  Desertion  in  time  of  peace. 

22.  Harboring  deserters. 

9.  Officers  absent  without  leave  may  be  reduced. 

10.  Desertion  by  resignation. 

11.  Dealing  in  supplies  on  private  account. 

12.  Importing  dutiable  goods  in  public  vessels. 

13.  Distilled  spirits  only  as  medical  stores. 

14.  Certain  crimes  of  i'raud  against  the  United 

States . 


Transmission  of  prize-lists. 

Removing  property  from  captured  vessels  be- 

foi  e  condemned  as  prize. 
Maltreating  persons  taken  on  a  prize. 
Returning  fugitives  from  service. 
Enlisting  deserters,  minors,  &c. 
Duties  of  commanding  officers : 

1.  Men  received  on  board. 

2.  List  of  officers,  men,  and  passengers. 

3.  Deaths  and  desertions. 

4.  Property  of  deceased  persons. 

5.  Accounts  of  men  received. 

6.  Accounts  of  men  sent  from  the  ship. 

7.  Inspection  of  provisions. 

8.  Health  of  the  crew. 

9.  Attendance  at  final  payment  of  the  crew. 
10.  Articles  to  be  hung  up  and  read. 

Punishment  for  offending  against  this 
article. 

Authority  of  officers  after  loss  of  vessel. 

Otfenses  not  specified. 

Offenses  committed  on  shore. 

Punishments  by  order  of  commander. 

Punishment  by  officer  temporarily  command- 
ing. 

Summary  courts-martial. 

Constitution  of  summary  courts-martial. 

Oath  of  members  and  recorder. 

Testimony. 

Punishments  by  summary  courts. 

Disrating  for  incompetency. 

Execution  of  sentence  of  summary  court. 

Remission  of  sentence. 

Manner  of  conducting  proceedings. 

Same  punishments  by  general  court-martial. 

Dismissal  of  officers.  "^ 

Officers  dismissed  by  President  may  demand 
trial. 

General  courts-martial,  by  whom  convened. 

Constitution  of. 

Oaths  of  members  and  judge-advocate. 

Oath  of  witness.  ^ 

Contempts  of  court. 

Charges. 

Duty  of  officer  arrested. 

Suspension  of  proceedings. 

Absence  of  members. 

Witnesses  examined  in  absence  of  a  meuilier. 

Suspension  of  pay. 

Flogging,  branding,  «fec. 

Sentences,  how  determined. 

Adequate  punishment;  recommendati<ui  to 
mercy. 

Authentication  of  judgment. 

Confirmation  of  sentence. 

Remission  and  mitigation  of  sentence. 

Courts  of  inquiry,  by  whom  ordered. 

Constitution  of. 

Powers  of. 

Oath  of  members  and  judge-advocate. 

Rights  of  y)arty  inquired  of. 

Proceedings,  liow  autlunticated  and  used  as 
evidence. 


Sec.  1624.  The  Nuvy  of  the  United  States  shall  be  jvovented  hy  theTitlelo.Chap.lO. 
following  articles: 

17  July.  1862,  s.  1,  v.  12,  p.  600. 


12,  p. 


Articles  estal)- 
lished. 


8  ARTICLES    GOVERNING   THE    NAVY. 

COMMANDING   OFFICERS  TO   SHOW   GOOD   EXAMPLE,   ETC. 

duty'^of^'^supei^  ARTICLE  1.  The  commanders  of  all  fleets,  squadrons,  naval  stations, 
vision  and  cor-  and  vessels  belonging  to  the  Navy,  are  required  to  show  in  themselves 
lectioii.  a  good  example  of  virtue,  honor,  patriotism,  and  subordination  ;  to  be 

vigilant  in  inspecting  the  conduct  of  all  persona  who  are  placed  under 
their  command ;  to  guard  against  and  suppress  all  dissolute  and  immoral 
practices,  and  to  correct,  according  to  the  laws  and  regulations  of  the 
Navy,  all  persons  who  are  guilty  of  them;  and  any  such  commander 
who  offends  against  this  article  shall  be  punished  as  a  court-martial 
may  direct. 

Ibid.,  art.  1. 

DIVINE   SERVICE — IRREVERENT   BEHAVIOR. 

Divine  service.  AiiT.  2.  The  commanders  of  vessels  and  naval  stations  to  which  chap- 
lains are  attached  shall  cause  divine  service  to  be  performed  on  Sunday, 
whenever  the  weather  and  other  circumstances  allow  it  to  be  done ;  and 
it  is  earnestly  recommended  to  all  ofldcers,  seamen,  and  others  in  the 
naval  service  diligently  to  attend  at  every  performance  of  the  worship 
of  Almighty  God. 
.  IrrevereAt  be-  ART.  3.  Any  irreverent  or  unbecoming  behavior  during  divine  service 
liavior.  shall  be  punished  as  a  general  or  summary  court-martial  may  direct. 

Jbid.,  art.  2. 

OFFENSES   PUNISHABLE   BY  DEATH   OR   OTHER   PUNISHMENT. 

Art.  4.  The  punishment  of  death,  or  such  other  punishment  as  a 
court-martial  may  adjudge,  may  be  inflicted  on  any  person  in  the  naval 
service — 

Mutiny.  First.  Who  makes,  or  attempts  to  make,  or  unites  with  any  mutiny 

or  mutinous  assembly,  or,  beiug  witness  to  or  present  at  any  mutiny, 
does  not  do  his  utmost  to  suppress  it;  or,  knowing  of  any  mutinous  as- 
sembly or  of  any  intended  mutiny,  does  not  immediately  communicate 
his  knowledge  to  his  superior  or  commanding  officer  ; 

Disobedience     Second.  Or  disobeys  the  lawful  orders  of  his  superior  officer; 

^  Striking  supe-  Third.  Or  strikes  or  assaults,  or  attempts  or  threatens  to  strike  or  as- 
rior  officer.  sault,  his  superior  officer  while  in  the  execution  of  the  duties  of  his 

office; 
lute  r  c  o  u  r  s  e     Fourth.  Or  gives  any  intelligence  to,  or  holds  or  entertains  any  inter- 
with  an  enemy,    course  with,  an  enemy  or  rebel,  without  leave  from  the  President,  the 
Secretary  of  the  Navy,  the  commander-in-chief  of  the  fleet,  the  com- 
mander of  the  squadron,  or,  in  case  of  a  vessel  acting  singly,  from  his 
commanding  officer ; 
Messages  from     Fifth.  Or  receives  any  message  or  letter  from  an  enemy  or  rebel,  or, 
an  euetuj.  being  aware  of  the  unlawful  reception  of  such  message  or  letter,  fails 

to  take  the  earliest  opportunity  to  inform  his  superior  or  commanding 
officer  thereof; 
Desert i  o  n  in     Sixth.  Or,  in  time  of  war,  deserts  or  entices  others  to  desert ;  [See  $  $ 
time  of  war.  199(5-1998,  DESERTION.] 

Deserting  trust.     Seventh.  Or,  in  time  of  war,  deserts  or  betrays  his  trust,  or  entices  or 

aids  others  to  desert  or  betray  their  trust ; 
Sleep ingon     Eighth.  Or  sleeps  upon  his  watch  ; 
-watch. 

Leaving   at  a-     Ninth.  Or  leaves  his  station  before  being  regularly  relieved ; 
tion. 

Willful  strand-     Tenth.  Or  intentionally  or  willfully  sufl*ers  any  vessel  of  the  Navy  to 

ing  or  injury  of  be  stranded,  or  run  upon  rocks  or  shoals,  or  improperly  hazarded';  or 

-vessel.  maliciously  or  willfully  injures  any  vessel  of  the  Navy,  or  any  part  of 

her  tackle,  armament,  or  equipment,  whereby  the  safety  of  the  vessel 

is  hazarded  or  the  lives  of  the  crew  exposed  to  danger ; 

Unlawful  de-     Eleventh.  Orunlawfully  sets  on  fire,  or  otherwise  unlawfully  destroys, 

fie  pronertv         ^"^  public  property  not  at  the  time  in  possession  of  an  enemy,  pirate, 

'     ^      -^  ■         or  rebel ; 

Striking  flag  Twelfth.  Or  strikes  or  attempts  to  strike  the  flag  to  an  enemy  or  rebel, 
or  treacherously-  without  proper  authority,  or,  when  engaged  in  battle,  treacherously 
Tiewing.  yields  or  pusillauimously  cries  for  quarters; 

Cowardice  in  Thirteenth.  Or,  in  time  of  battle,  displays  cowardice,  negligence,  or 
iattle.  disaftection,  or  withdraws  from  or  keeps  out  of  danger  to  which  hfr 

should  expose  himself; 


ARTICLES    GOVERNING    THE    NAVY.  9 

Fourteenth.  Or,  in  time  of  battle,  deserts  his  duty  or  station,  or  on-  Deserting  duty 
tices  others  to  do  so  ;  i"  battle. 

Fifteenth.  Or  does  not  properly  observe  the  orders  of  his  coraniand-  Neglecting  or- 
ing  olticer,  and  use  his  utmost  exertions  to  carry  them  into  execution,  foplaui  P^'^P**"® 
when  ordered  to  prepare  for  or  join  in,  or  when  actually  engaged  in,  ®' 

battle,  or  while  in  sight  of  an  enemy; 

Sixteenth.  Or,  being  in  command  of  a  fleet,  squadron,  or  vessel  act-     Neglecting    to 
ang  singly,  neglects,  when  an  engagement  is  probable,  or  when  an  armed  ^^^^^'  ***^"  at'tion. 
vt'ssel  of  an  enemy  or  rebel  is  in  sight,  to  prepare  and  clear  his  ship  or 
*hii)s  for  action ; 

Seventeenth.  Or  does  not,  upon  signal  for  battle,  use  his  utmost  ex-  Neglecting  to 
anions  to  join  in  battle ;       '  Stle"^  ^^^°''*^  *""'' 

Eighteenth.  Or  fails  to  encourage,  in  his  own  person,  his  inferior  offi-     bailing  to  eu- 
1  ij^ij.  1®  ^  '  couraee  the  men 

•cers  and  men  to  hght  courageously ;  ^o  g^gj 

Nineteenth.  Or  does  not  do  his  utmost  to  overtake  and  capture  or  Failing  to  peek 
destroy  any  vessel  which  it  is  his  duty  to  encounter ;  encounter. 

Twentieth.  Or  does  not  afford  all  practicable  relief  and  assistance  to  -^?^^^?S  to  afforp 
vessels  belonging  to  the  United  States  or  their  allies  when  engaged  in  ^^  ^^  ^"    ^    **" 
battle. 

23  April,  1800,  v.  2,  p.  47. 
17  Jul3',  1862,  V.  12,  p.  601. 

Art.  5.  All  persons  who,  in  time  of  war,  or  of  rebellion  against  the     Spies, 
supreme  authority  of  the  United  States,  come  or  are  found  in  the  capac    - 
ity  of  spies,  or  who  bring  or  deliver  any  seducing  letter  or  message  from 
4in  enemy  or  rebel,  or  endeavor  to  corrupt  any  person  in  the  Navy  to 
betray  his  trust,  shall  sutFer  death,  or  such  other  punishment  as  a  court- 
martial  may  adjudge.* 

17  July,  1862,  s.  1,  v.  12,  p.  602,  art.  4. 
13  Feb.,  1862,  s.  4,  v.  12,  p.  340. 
3  Mar.,  1863,  s.  38,  v,  12,  p.  737. 

Art.  6.  If  any  person  belonging  to  any  public  vessel  of  the  United     ^i^'^tler. 
States  commits  the  crime  of  murder  without  the  territorial  jurisdiction 
thereof,  he  may  be  tried  by  court-martial  and  punished  with  death. 
iSee  Piracy,  &c..  Parr  IV.  J 

17  July,  l!e62,  s.  1,  V.  12,  p.  602,  art.^. 

IMPRISONMENT  FOR  LIFE,   ETC. 

Art.  7.  A  naval  court-matial  may  adjudge  the  punishment  of  im-  Imprisonmen 
prisoument  for  life,  or  for  a  stated  term,  at  hard  labor,  in  any  case  where  n  a  penitentiary. 
at  is  authorized  to  adjudge  the  punishment  of  death  ;  and  such  sentences 
of  imprisonment  and  hard  labor  may  be  carried  into  execution  in  any 
prison  or  penitentiary  under  the  control  of  the  United  States,  or  which 
-the  United  States  may  be  allowed,  by  the  legislature  of  any  State,  to 
use;  and  persons  so  imprisoned  in  the  prison  or  penitentiary  of  any 
State  or  Territory  shall  be  subject,  in  all  respects,  to  the  same  discipline 
and  treatment  as  convicts  sentenced  by  the  courts  of  the  State  or  Terri- 
tory in  which  the  same  may  be  situated. 

17  July,  1862,  s.  1,  v.  12,  p.  602,  art.  6. 

Note— A  naval  or  marine  court-martial,  upon  conviction  for  an  offence  not 
capital,  under  articles  7  and  8,  may  sentence  to  imprisonment  at  hard  labor. — 
Ops.  12,  p.  510,  Evarts,  Oct.  9,  1868;  10.  p.  158,  Bates,  Nov.  1,  1861;  9;  p.  80, 
Black,  Sept.  5,  1857.  It  is  held  in  Army  practice  that  a  sentence  of  penitentiary 
confinement  in  a  case  of  a  purely  military  offense  is  wholly  unauthorized  and 
should  be  disapproved.  Larceny,  embezzlement,  violent  crime,  or  other  offensaa 
made  punishable  with  penitentiary  conti^nement  by  the  law  of  the  State,  &c., 
may  be  legally  visited  with  this  punishment.— Winthrop's  Digest,  p.  80.  The 
same  principles  are  now  applied  by  the  Navy  Department. 

OFFENSES  PUNISHABLE  AT  DISCRETION   OF   COURT. 

Art.  8.  Such  punishment  as  a  court-martial  may  adjudge  may  be  in- 
flicted on  any  person  in  the  Navy — 

First.  Who  is  guilty  of  profane  swearing,  falsehood,  drunkenness,    Profanity, false- 
gambling,  fraud,  theft,  or  any  other  scandalous  conduct  tending  to  the  htood,  &c. 
■ilestruction  of  good  morals ; 

'  Such  other  punishment  is  limited  only  to  that  kind  of  punishment  which  has  become 
usual. — Op.  X,  159.  Sentence  of  incapacity  or  disability  not  within  that  range.  Can 
oulv  be  awarded  when  specially  authorized  by  law.— Xaval  contractor's  case,  Op. 
Xir,  528.  To  be  limited  to  the  customs  of  the  service.  Cruel  and  unusual  punish- 
jneuts  are  forbidden  by  the  law— martial  and  the  Constitution. — Op.  X,  169. 


10  ARTICLES    GOVERNING    THE    NAVY. 

Cruelty.  Second.  Or  is  guilty  of  cruelty  toward,  or  oppression  or  maltreatment 

of,  any  person  subject  to  his  orders ; 
Quarreling.  Third.  Or  quarrels  with,  strikes,  or  assaults,  or  uses  provoking  or 

reproachful  words,  gestures,  or  menaces  toward,   any  person  in  the 
Navy; 
Fomenting     Fourth.  Or  endeavors  to  foment  quarrels  between  other  persons  in  tlie 
quarrels.  Navy ;  * 

Duels.  Fifth.  Or  sends  or  accepts  a  challenge  to  fight  a  duel  or  acts  as  a- 

second  in  a  duel ; 
Contempt     of     Sixth.  Or  treats  his  superior  officer  with  contempt,  or  is  disrespectful 
superior  officer,  to  him  in  language  or  deportment,  "while  in  the  execution  of  his  office; 
Combinations     Seventh.  Or  joins  in  or  abets  any  combination  to  weaken  the  lawful 
apainst  superior  authority  of,  or  lessen  the  respect  due  to,  his  commanding  officer ; 

17  July,  1862,  s.  1,  v.  12,  p.  602,  art.  7. 

Mutinous     Eighth.  Or  utters  any  seditious  or  mutinous  words ; 
words.  23  April,  1800,  art.  13,  v.  2,  p.  47. 

Neglect  of  or-  Ninth.  Or  is  negligent  or  careless  in  obeying  orders,  or  culpably  iueffi- 
<1^^'^*  cient  in  the  performance  of  duty  ; 

Preventing  de-  Tenth.  Or  does  not  use  his  best  exertions  to  prevent  the  unlawful 
struction  of  pub-  destruction  of  public  property  by  others ; 

Negligent  Eleventh.  Or,  through  inattention  or  negligence,  sutfers  any  vessel  of 
stranding.  the  Navy  to  be  stranded,  or  run  upon  a  rock  or  shoal,  or  hazarded ; 

Negligence  in     Twelfth.  Or,  when  attached  to  any  vessel  appointed  as  convoy  to  any 
convoy  service,  merchant  or  other  vessels,  fails  diligently  to  perform  his  duty,  or  demands 
or  exacts  any  compensation  for  his  services,  or  maltreats  the  officers  or 
crews  of  such  merchant  or  other  vessels ; 
Receiving  arti-     Thirteenth.  Or  takes,  receives,  or  permits  to  be  received,  on  board  the 
cl»\s  for  freight,    vessel  to  which  he  is  attached,  any  goods  or  merchandise,  for  freight,, 
sale,  or  traffic,  except  gold,  silver,  or  jewels,  for  freight  or  safe-keeping; 
or  demands  or  receives  any  compensation  for  the  receipt  or  transporta- 
tion of  any  other  article  than  gold,  silver,  or  jewels,  without  authority 
from  the  President  or  Secretary  of  the  Navy  ; 
False  muster.       Fourteenth.  Or  knowingly  makes  or  signs,  or  aids,  abets,  directs,  or 

procures  the  making  or  signing  of,  any  false  muster; 
"Waste  of  pub-      Fifteenth.  Or  wastes  any  ammunition,  provisions,  or  other  public  proi>- 
lic  property,  &c.  erty,  or,  having  power  to  prevent  it,  knowingly  permits  such  waste; 

Plundering  on  Sixteenth.  Or,  when  on  shore,  plunders,  abuses,  or  maltreats  any  iu-^ 
shore.  habitant,  or  injures  his  property  in  any  way  ; 

llefusing  toap-  Seventeenth.  Or  refuses,  or  fails  to  use,  his  utmost  exertions  to  detect,, 
prehend  offend-  apprehend,  and  bring  to  punishment  all  offenders,  or  to  aid  all  persons 
*'^^'  appointed  for  that  purpose ; 

llefusing  to  re-     Eighteenth.  Or,  w^hen  rated  or  acting  as  master-at-arms,  refuses  lO' 
ceive  prisoners,   receive  such  prisoners  as  may  be  connnitted  to  his  charge,  or,  having 
received  them,  suffers  them  to  escape,  or  dismisses  them  without  orders 
from  the  proper  authority ; 
Absence  from     Nineteenth.  Or  is  absent  from  his  station  or  duty  without  leave,  or 
duty  without  after  his  leave  has  expired ; 
J  eave. 

Violatini:  gen-  Twentieth.  Or  violates  or  refuses  obedience  to  any  lawful  general 
regulations    ^^  order  or  regulation  issued  by  the  Secretary  of  the  Navy  ; 

Desertion  in  Twenty-first.  Or,  in  time  of  peace,  deserts  or  attempts  to  desert,  or 
time  of  peace.      aids  and  entices  others  to  desert ; 

Harboring  de-  Twenty-second.  Or  receives  or  entertains  any  deserter  from  any  other 
sevters.  vessel  of  the  Navy,  knowing  him  to  be  such,  and  does  not,  with  all  con- 

venient speed,  give  notice  of  such  deserter  to  the  commander  of  the 
vessel  to  which  he  belongs,  or  to  the  commander-in-chief,  or  to  the  cou)- 
mander  of  the  squadron. 

^  23  April,  1800,  v.  2,  p.  47.  17  July,  1862,  v.  12,  p.  602. 

REDUCTION   OF   OFFICE HS,  AND   DESERTION. 

Officer  absent  Art.  9.  Any  officer  who  absents  himself  from  his  command  without 
without  1®^^®  leave,  may,  by  the  sentence  of  a  court-martial,  be  reduced  to  the  rating 
may    e  re  uce  .  ^^  ^^  ordinary  seaman. 

16  May,  1864,  s.  2,  v.  13,  p.  75. 

Desertion    b  y     '^^'^'  ^^'  ^^^  commissioned  officer  of  the  Navy  or  Marine  Corps  who^ 

resignation.  having  tendered  his  resignation,  quits  his  post  or  proper  duties  without 

leave,  and  with  intent  to  remain  permanently  absent  therefrom,  prior 


ARTICLES    GOVERNING    THE    NAVY.  11 

to  due  notice  of  the  acceptance  of  such  resignation,  shall  be  deemed  and 
punished  as  a  deserter.     [See  Dismissal;  also  I^esertion.] 

5  Aug.  1861,  s.  2,  V.  12,  p.  316. 
DEALING  IN   SUPPLIES — IMPORTATIONS — DISTILLED   SPIRITS. 

Ain\  11.  No  person  in  tlie  naval  service  shall  procure  stores  or  other    pealing  in  sup- 
articles  or  supplies  for,  and  dispose  thereof  to,  the  officers  or  enlisted  account'  ^"^*^® 
nieu  on  vessels  of  the  Navy,  or  at  navy-yards  or  naval  stations,  for  his 
own  account  or  benefit. 

26  Aug  ,  1842,  3.  1,  V.  5,  p.  535. 

Art.  1*2.  No  person  connected  with  the  Navy  shall,  under  any  pre-  .  Importing  dir- 
tense,  import  in  a  public  vessel  any  article  which  is  liable  to  the  pay-  p„|j}f  r.  ^  ^ 
meut  of  duty.  ^       ^    easels. 

30  July,  1846,  s.  10,  v.  9,  p.  44 . 

Art.  13.  Distilled  spirits  shall  be  admitted  on  board  oi  vessels  of  war    I^istilled  spirits . 
only  upon  'the  order  and  under  the  control  of  the  medical  officers  of  such  stores^^  m«dical 
vessels,  and  to  be  used  only  for  medical  purposes. 
14  July,  1862,  s.  4,  v.  12,  p.  565. 

FRAUD,  FORGERY,  THEFT,  ETC. 

Art.  14.  Fine  and  imprisonment,  or  such  other  punishment*  as  a  court-     Certain  crimes 

martial  may  adjudge,  shall  be  inflicted  upon  any  person  in  the  naval  ?! ^f^^V?  against 
/•  ii      TT    -iioi-x  tlieUnited 

service  of  the  United  States —  States. 

Who  presents  or  causes  to  be  presented  to  any  person  in  the  civil.    Presenting 
military,  or  naval  service  thereof,  for  approval  or  payment,  any  claim  ^^^^^  claims, 
against  the  United  States  or  any  officer  thereof,  knowing  such  claim  to 
be  false  or  fraudulent;  or 

Who  enters  into  any  agreement  or  conspiracy  to  defraud  the  United  -^Kreemeut  to 
States  by  obtaining,  or  aiding  others  to  obtain,  the  allowance  or  pay-  of  false  SSms^^^ 
iiient  of  any  false  or  fraudulent  claim;  or 

Who,  for  the  purpose  of  obtaining,  or  aiding  others  to  obtain,  the     False  papers, 
approval,  allowance,  or  payment  of  any  claim  against  the  United  States 
or  against  any  officer  thereof,  makes  or  uses,  or  procures  or  advises  the 
making  or  UHe  of,  any  writing,  or  other  paper,  knowing  the  same  to 
contain  any  false  or  fraudulent  statement ;  or 

Who,  for  the  purpose  of  obtaining,  or  aiding  others  to  obtain,  the     Perjury, 
approval,  allowance,  or  payment  of  any  claim  against  the  United  States 
or  any  officer  thereof,  makes,  or  procures  or  advises  the  making  of,  any 
oath  ifco  any  fact  or  to  any  writing  or  other  paper,  knowing  such  oath  to 
be  false;  or 

Who,  for  the  purpose  of  obtaining,  or  aiding  others  to  obtain,  the  Forgery, 
approval,  allowance,  or  payment  of  any  claim  against  the  United  States 
or'any  ofiiicer  thereof,  forges  or  counterfeits,  or  procures  or  advises  the 
forging  or  counterfeiting  of,  any  signature  upon  any  writing  or  other 
paper,  or  uses,  or  procures  or  advises  the  use  of,  any  such  signature, 
knowing  the  same  to  be  forged  or  counterfeited;  or 

Who,  having  charge,  possession,  custody,  or  control  of  any  money  or     Delivering  less 
other  property  of  the  United  States,  furnished  or  intended  for  the  naval  py^poit.y  than  re- 
service  thereof,  knowingly  delivers,  or  causes  to  be  delivered,  to  any  ^*^^^*^  *'*^* 
person  having  authority  to  receive  the  same,  any  amount  thereof  less 
than  that  for  which  he  receives  a  certificate  or  receipt;  or 

Who,  being  authorized  to  make  or  deliver  any  paper  certifying  the    Giving  receipts 
receipt  of  any  money  or  other  property  of  the  United  States,  furnished  without  knowing 
or  intended  for  the  naval  service  thereof,  makes,  or  delivers  to  any  per-    "     ^^' 
son,  such  writing,  without  having  full  knowledge  of  the  truth  of  the 
statements  therein  contained,  and  with  intent  to  defraud  the  United 
States;  or 

Who  steals,  embezzles,  knowingly  and  willfully  misappropriates,  ap  Stealing,  wrong 
plies  to  his  own  use  or  benefit,  or  wrongfully  and  knowingly  sells  or  dis-  ^^^^^'  »*^l'i"o.  'fcc. 
posesof  any  ordnance,  arms,  equipments,  ammunition,  clothing,  subsist- 
ence stores,  money  or  other  property  of  the  United  States,  furnished  or 
intended  for  the  military  or  naval  service  thereof;  or 

Who  knowingly  purchases,  or  receives  in  pledge  for  any  obligation  Buying  public 
or  indebtedness,  from  any  other  person  who  is  a  part  of  or  employed  in  military  pn  p- 
said  service,  any  ordnance,  arms,  equipments,  ammunition,  clothing,  ^^^' 

*Sucli  other  punishment  is  limited  only  to  thjit  kind  of  punishment  which  has  become 
usual. — Op.  X,  159.  Sentence  of  incapacity  or  disability  not  within  that  range.  Can 
oulvbe  awarded  when  specially  authorized  by  law. — if  aval  contractor's  case,  Op. 
Xir,  528.  To  be  limited  to  the  "customs  of  the  service.  Cruel  and  unusual  punish- 
ments are  forbidden  by  the  law— martial  and  the  Constitution. — Op.  X,  160. 


* 


12  ARTICLES    GOVERNING    THE    NAVY. 

subsistence  stores,  or  other  property  of  the  United  States,  such  other 
person  not  having  lawful  right  to  sell  or  pledge  the  same ;  or 
2  March,  1863,  8. 1,  v.  12,  p.  696. 

lau  3.        Who  executes,  attempts,  or  countenances  any  other  fraud  against  the 
United  States. 

17  July,  1862,  art.  7,  v.  12,  p.  602.  ' 

Liable  to  driest     And  if  any  person,  being  guilty  of  any  of  the  offenses  described  in 

and    trial    after  ^jjj^  article  while  in  the  naval  service,  receives  his  discharge,  or  is  dis- 

dismissaf.^  ^"    missed  from  the  service,  he  shall  continue  to  be  liable  to  be  arrested 

and  held  for  trial  and  sentence  by  a  court-martial,  in  the  same  manner 

and  to  the  same  extent  as  if  he  had  not  received  such  discharge  nor 

been  dismissed. 

2  March,  1863,  s.  2,  v.  12,  p.  697. 

DUTY  AS  TO  PRIZES  AND  THEIR  CREWS. 

List  ttfjersons  ART.  15.  The  commanding  officer  of  every  vessel  in  the  Navy  entitled 
claimin;,'  p  r  i  z  e  -  |;o  or  claiming  an  award  of  prize-money  shall,  as  soon  as  it  may  be  prac- 
money.  ticable  after  the  capture,  transmit  to  the  Navy  Department  a  complete 

list  of  the  officers  and  men  of  his  vessel  entitled  to  share,  stating  therein 
the  quality  of  each  person  rating;  and  every  commanding  officer  who 
offends  against  this  article  shall  be  punished  as  a  court-martial  may 
direct.     [See  $  4615,  Prize.] 

17  July ,  1862,  s.  5,  v.  12,  p.  607. 

Kemoviugprop-  ART.  16.  No  person  in  the  Navy  shall  take  out  of  a  prize,  or  vessel 
crty  from  a  prize,  seized  as  a  prize,  any  money,  plate,  goods,  or  any  part  of  her  equipment, 
unless  it  be  for  the  better  presi^rvation  thereof,  or  unless  such  articles 
are  absolutely  needed  for  the  use  of  any  of  the  vessels  or  armed  forces 
of  the  United  States,  before  the  same  are  adjudged  lawful  prize  by  a 
competent  court ;  but  the  whole,  without  fraud,  concealment,  or  embez- 
zlement, shall  be  brought  in,  in  order  that  judgment  may  be  passed 
thereon;  and  every  person  who  offends  against  this  article  shall  be 
punished  as  a  court-martial  may  direct. 
Id.,  s.  7. 

Maltreating  per  Art.  17.  If  any  person  in  the  Navy  strips  oft'  the  clothes  of,  or  pil- 
8ons  taken  on  a  jages,  or  in  any  manner  maltreats,  any  person  taken  on  board  a  prize, 
^^"^^^  he  shall  suffer  such  punishtpent  as  a  court-martial  may  adjudge. 

Id.,  8. 8. 

fugitives  from  service. 

Eeturning fugi-  ART.  18.  If  any  officer  or  person  in  the  naval  service  employs  any  of 
lives  from'serV-  the  forces  under  his  command  for  the  purpose  of  returning  any  fugitive 
ce.  from  service  or  labor,  he  shall  be  dismissed  from  the  service.' 

13  March,  1862.  s.  1.  v.  12,  p.  354. 

ENLISTING  DESERTERS,   MINORS,    ETC. 

Enlisting  de-  Art.  19.  Any  officer  who  knowingly  enlists  into  the  naval  service 
setters,  minors,  any  deserter  from  the  naval  or  military  service  of  the  United  States,  or 
^^-  any  insane  or  intoxicated  person,  or  any  minor  between  the  ages  of  fif- 

teen* and  eighteen  years,  without  the  consent  of  his  parents  or  guard- 
ian, or  any  minor  under  the  age  oi  fifteen*  years,  shall  be  punished  as  a 
court-martial  may  direct.     [See  ^  §  1418, 1419, 1420,  Seamen,  Navy.] 

3  March,  1865,  s.  18,  v.  13,  p.  490.  12  May,  1879,  v.  21,  p.  3. 

RULES  FOR   COMMANDING   OFFICERS. 

Art.  20.  Every  commanding  officer  of  a  vessel  in  the  Navy  shall  obey 
the  following  rules : 
Men  received  First.  Whenever  a  man  enters  on  board,  the  commanding  officer  shall 
onboard.  cause  an  accurate  entry  to  be  made  in  the  ship's  books,  showing  his 
name,  the  date,  place,  and  term  of  his  enlistment,  the  place  or  vessel 
from  which  he  was  received  on  board,  his  rating,  his  descriptive  list,  his 
age,  place  of  birtb,  and  citizenship,  with  such  remarks  as  may  be  neces- 
sary.   __^_________ 

'^Sections  1418, 1419,  and  1420  Kevisei  Statutes  have  been  amended  forbiddiug  the 
enlistmont  of  minors  nn^ar  fourteen  instead  of  fifteen  years  of  age. 


ARTICLES    GOVERNING    THE    NAVY.  13 

Second.   He  shall,  before   sailing,  transmit  to  the  Secretary  of  the     List  of  officers ' 
Navy  a  complete  list  of  the  rated  men  under  his  command,  showing  the  ™®°'  a^^dpassen 
particulars  set  forth  in  rule  one,  and  a  list  of  officers  and  passengers,  ^ 
showing  the  date  of  their  entering.     And  he  shall  cause  similar  lists  to     Deaths  ami  de' 
1)0  made  out  on  the  first  da>  of  every  third  month  and  transmitted  to  sertions. 
the  Secretary  of  the  Navy  as  opportunities  occur,  accounting  therein  for 
any  casualty  which  may  have  happened  since  the  last  list. 

Third.  He  shall  cause  to  be  accurately  minuted  on  the  ship's  books    Property  of  ue* 
the  names  of  any  persons  dying  or  deserting,  and  the  times  at  which  ceased  persons, 
such  death  or  desertion  occurs. 

Fourth.  In  case  of  the  death  of  any  officer,  man,  or  passenger  on  said     Accounts      of 
vessel,  he  shall  take  care  that  the  paymaster  secures  all  the  property  "^®"^'®^®*^'*^*^- 
of  the  deceased,  for  the  benefit  of  his  legal  representatives. 

Fifth.  He  shall  not  receive  on  board  any  man  transferred  from  any  other 
vessel  or  station  to  him,  unless  such  man  is  furnished  with  an  account, 
signed  by  the  captain  and  paymaster  of  the  vessel  or  station  from  which 
he  came,  specifying  the  date  of  his  entry  on  said  vessel  or  at  said  sta- 
tion, the  period  and  term  othis  service,  the  sums  paid  him,  the  balance 
due  him,  the  quality  in  which  he  was  rated,  and  his  descriptive  list. 

Sixth.  He  shall,  whenever  officers  or  men  are  sent  from  his  ship,  for     Accounts      of 
whatever  cause,  take  care  that  each  man  is  furnished  with  a  complete  ^j^g  shirt. 
statement  of  his  account,  specifying  the  date  of  his  enlistment,  the 
period  and  term  of  his  service,  and  his  descriptive  list.     Said  account 
shall  be  signed  by  the  commanding  officer  and  paymaster. 

Seventh.  He  shall  cause  frequent  inspections  to  be  made  into  the  con-     Inspection   o  f 
dition  of  the  provisions  on  his  ship,  and  use  every  precaution  for  their  Pi^o^^sious. 
preservation. 

Eighth.  He  shall  frequently  consult  with  the  surgeon  in  regard  to  the  Health  of  creNv. 
sanitary  condition  of  his  crew,  and  shall  use  all  proper  means  to  pre- 
serve their  health.  And  he  shall  cause  a  convenient  place  to  be  set 
apart  for  sick  or  disabled  men,  to  which  he  shall  have  them  removed, 
with  their  hammocks  and  bedding,  when  the  surgeon  so  advises,  and 
shall  direct  that  some  of  the  crew  attendthem  and  keep  the  place  clean. 

Ninth.  He  shall  attend  in  person,  or  appoint  a  proper  officer  to  attend.  ^  "^f*^",*  P/^^.  ^i 
1        1  •  •    ^      n  ■  \     i-L'  ^  \i     .    .     ^'       •     T  J.    XI-  '  linal  payment  ot 

when  his  crew  is  finally  paid  ofl^,  to  see  that  justice  is  done  to  the  men  crew. 

and  to  the  United  States  in  the  settlement  of  the  accounts.  a  +•  i 

Tenth.  He  shall  cause  the  articles  for  the  government  of  the  Navy  to  i^^^  ^^„  ^    and 

be  hung  up  in  some  public  part  of  the  ship  and  read  once  a  month  to  his  ^ead" 

ship's  company.  t>       i 

Every  commanding  officer  who  offends  against  the  provisions  of  this  ^^'J^^^^^^J^^^^g^j^^J 

article  shall  be  punished  as  a  court-martial  may  direct.  this  article. 

17  July,  1862,  a.  16,  v.  12,  p.  609. 

AUTHORITY  OVER  CREW  AFTER  LOSS  OF  VESSEL. 

Art.  21.  When  the  crew  of  any  vessel  of  the  United  States  are  sepa-  ^"thority  of 
rated  from  their  vessel  by  means  of  her  wreck,  loss,  or  destruction,  all  ^f  ^^gg^l  '^  ^^* 
the  command  and  authority  given  to  the  officers  of  sucli  vessel  shall 
remain  in  full  force  until  such  ship's  company  shall  be  regularly  dis- 
charged from  or  ordered  again  into  service,  or  until  a  court-martial  or 
court  of  inquiry  shall  be  held  to  inquire  into  the  loss  of  said  vessel. 
And  if  any  officer  or  man,  after  such  wreck,  loss,  or  destruction,  acts 
contrary  to  the  discipline  of  the  Navy,  he  shall  be  punished  as  a  court- 
martial  may  direct. 

17  July,  1862,  s.  14,  v.  12,  p.  609. 

"    OFFENSES  NOT  SPECIFIED  AND   ON  SHORE. 

Art.  22.  All  offenses  committed  by  persons  belonging  to  the  Navy    ^5fj"tf'''    "°^ 
which  are  not  specified  in  the  foregoing  articles  shall  be  punished  as  a^^^  ^ 
court-martial  may  direct. 

KOTE.— On  hoard  a  United  States  vessel  of  war  on  the  Thames  River,  under 
vray,  opposite  New  London,  a  fatal  assault  was  committed  upon  a  memher  of 
the  crew  by  another.  Held,  That  a  naval  court-martial  could,  under  article  22, 
section  1624  Revised  Statutes,  take  jurisdiction  of  the  oflense  as  manslaughter. 
The  state  authorities  could  have  tried  the  case,  but  it  would  not  have  ousted 
the  court-martial  of  jurisdiction  over  the  same  ofltense  so  far  as  it  affected  the 
order  and  discipline  of  the  ship.— Op.  XVI,  578,  published  in  General  Order 
Navy  Department  259,  January  2.5, 1881. 


14  .  ARTICLES    GOVERNING    THE    NAVY. 

OfiVnses    com-      ART.  23.  All  offeiises  committed  by  persons  belonging  to  the  Navy 
mittt;d  on  shore.  ^iiHe  on  shore  shall  be  punished  in  "^the  same  manner  as  if  they  had 
been  committed  at  sea. 

17  July,  1862,  s.  1,  v.  12,  p.  602,  arts.  8  an<l  9. 

PUNISHMKNT  BY  ORDER  OF    COMMANDER. 

Punishment  by  A.RT.  24.  No  commander  of  a  vessel  shall  inflict  upon  a  commissioned 
order  of  comnnn-  OT  warrant  ofiicer  any  other  punishment  than  private  reprimand,  sas- 
■der.  pension  from  duty,  arrest,  or  confinement,  and  such  suspension,  arrest, 

or  confinement  shall  not  continue  longer  than  ten  days,  unless  a  further 
period  is  necessary  to  bring  the  offender  to  trial  by  a  court-martial ;  nor 
shaU  he  inflict,  or  cause  to  be  inflicted,  upon  any  petty  officer,  or  person 
of  inferior  rating,  or  marine,  for  a  single  offense,  or  at  any  one  time,  any 
other  than  one  of  the  following  punishments,  namely: 

First.  Reduction  of  any  rating  established  by  himself 

Second.  Confinement,  with  or  without  irons,  single  or  double,  not 
exceeding  ten  days,  unless  further  confinemeat  be  necessary,  in  the  case 
of  a  prisoner  to  be  tried  by  court-martial. 

Third.  Solitary  confinement,  on  bread  and  water,  not  exceeding  five 
days. 

Fourth.  Solitary  confinement  not  exceeding  seven  days. 

Fifth.  Deprivation  of  liberty  on  shore. 

Sixth.  Extra  duties. 

No  other  punishment  shall  be  permitted  on  board  of  vessels  belonging 
to  the  Navy,  except  by  sentence  of  a  general  or  summary  court-martial. 
All  punishments  inflicted  by  the  commander,  or  by  his  order,  except 
reprimands,  shall  be  fully  entered  upon  the  ship's  log. 
17  July,  1862,  s.  1,  v.  12,  p.  603,  art.  10. 

Punishment  by  Aj^T.  25.  No  officer  who  may  command  by  accident,  or  in  the  absence 
officers  tempora- of  the  commanding  officer,  except  when  such  commanding  officer  is 
lily  command-  absent  for  a  time  by  leave,  shall  inflict  any  other  punishment  thj^n  con- 
^"S"  finemcnt. 

23  April,  1800,  a.  1,  v.  2,  p.  49,  art.  30. 

SUMMARY  COURTS-MARTIAL. 

S  \i  m  m  a  r  y  Art.  26.  Summary  courts-martial  may  be  ordered  upon  petty  officers 
courts-martial,  and  persons  of  inferior  ratings,  by  the  commander  of  any  vessel,  or  by 
the  commandant  of  any  navy-yard,  naval  station,  or  marine  barracks 
to  which  they  belong,  for  the  trial  of  offenses  which  such  officer  may 
deem  deserving  of  greater  punishment  than  such  commander  or  com- 
mandant is  authorized  to  inflict,  but  not  sufficient  to  require  trial  by  a 
general  court-martial. 

2  March,  18.55,  s.  4,  v.  p.  627.  10, 
15  July,  1870,  8. 14,  v.  16,  p.  334. 

Constitution  of  Art.  27.  A  summary  court-martial  shall  consist  of  three  officers  not 
summary  courts-  below  the  rank  of  ensign,  as  members,  and  of  a  recorder.  The  com- 
inartial.  mander  of  a  ship  may  order  any  officer  under  his  command  to  act  as 

such  recorder. 

2  March,  1855,  ss.  5,  6,  v.  10,  p.  628. 

.2,*^^-q  SL  ",li  "^.'  Art.  28.  Before  proceeding  to  trial  the  members  of  a  summary  court- 
martial  shall  take  the  following  oath  or  affirmation,  which  shall  be 
administered  by  the  recorder:  '^I,  A  B,  do  swear  (or  affirm)  that  I  will 
well  and  truly  try,  without  prejudice  or  partiality,  the  case  now  depend- 
ing, according  to  the  evidence  which  shall  be  adduced,  the  laws  for  the 
government  of  the  Navy,  and  my  own  conscience."  After  which  the 
recorder  of  the  court  shall  take  the  following  oath  or  affirmation,  which 
shall  be  administered  by  the  senior  member  of  the  court:  **I,  A  B,  do 
swear  (or  affirm)  that  I  will  keep  a  true  record  of  the  evidence  which 
shall  be  given  before  this  court  and  of  the  proceedings  thereof." 
Id.,  s.  5. 

Testimony.  ART.  29.  All  testimony  before  a  summary  court-martial  shall  be  given 

orally,  upon  oath  or  affirmation,  administered  by  the  senior  member  of 

the  court. 

Punishments  bv     ART.  30.  Summary  courts-martial  may  sentence  petty  officers   and 

summary  courts,  persons  of  inferior  ratings  to  any  one  of  the  following  punishments, 

namely: 


bers  and  recorder. 


ARTICLES    GOVERNING   THE    NAVY.  15 

First.  Discharge  from  the  service  with  bad  conduct  discharge;. but 
the  sentence  shall  not  be  carried  into  effect  in  a  foreign  country. 

Second.  Solitary  confinement,  not  exceeding  thirty  days,  in  irons, 
single  or  double,  on  bread  and  water,  or  on  diminished  rations. 

Third.  Solitary  confinement  in  irons,  single  or  double,  not  exceedirg 
thirty  days. 

Fourth.  Solitary  confinement  not  exceeding  thirty  days. 

Fifth.  Confinement  not  exceeding  two  months. 

Sixth.  Reduction  to  next  inferior  rating. 

Seventh.  Deprivation  of  liberty  on  shore  on  foreign  station. 

Eighth.  Extra  police  duties,  and  loss  of  pay,  not  to  exceed  three 
months,  may  be  added  to  any  of  the  above-mentioned  punishments. 
Ibid.,  s.  7. 

Airr.  31.  A  summary  court-martial  may  disrate  any  rated  person  for    Disrating   for 
incompetency.,  '  incompetency. 

17  July,  1862,  a.  1,  art  10,  v.  12,  p.  603. 

Art.  32.  No  sentence  of  a  summary  court-martial  shall  be  carried  into     Execution    o 
execution  unlil  the  proceedings  and  sentence  have  been  approved  by  s^'it®^*'^  of  sum- 
the  officer  ordering  the  court  and  by  the  comraander-in  chief,  or,  in  his  ^^'^•^  ^'^^^^ 
absence,  by  the  senior  officer  present.     And  no  sentence  of  such  court 
which  involves  loss  of  pay  shall^be  carried  into  execution  until  the  pro- 
ceedings and  sentence  have  been  approved  by  the  Secretary  of  the 
IN'avy. 

2  Marcli,  1855.  s.  8,  v.  10,  p.  628. 
2  March,  1867,  s.  5,  v.  14,  p.  516. 

AuT.  33.  The  officer  ordering  a  summary  court-martial  shall  have  Remission  of 
])(uver  to  remit,  in  part  or  altogether,  but  not  to  commute,  the  sentence  sentence, 
of  the  court.  And  it  shall  be  his  duty  either  to  remit  any  part  or  the 
whole  of  any  sentence,  the  execution  of  which  would,  in  the  opinion  of 
the  surgeon  or  senior  medical  officer  on  board,  given  in  writing,  produce 
serious  injury  to  the  health  of  the  person  sentenced;  or  to  submit  the 
case  again,  without  delay,  to  the  same  or  to  another  summary  court- 
martial,  which  shall  have  power,  upon  the  testimony  already  taken,  to 
remit  the  former  punishment  and  to  assign  some  other  of  the  authorized 
puuisliments  in  the  place  thereof. 

2  March,  1855,  s.  8,  v.  10,  p.  628. 

Art.  34.  The  proceedings  of  summary  courts-martial  shall  be  con-     Manner  of  con- 
<lucted  with  as  much  conciseness  and  precision  as  may  be  consistent  with  ^wcting  proceed- 
the  ends  of  justice,  and  under  such  forms  and  rules  as  may  be  prescribed  ^"~^* 
by  the  Secretary  of  the  Navy,  with  the  approval  of  the  President;  and 
all  such  proceedings  shall  be  transmitted,  in  the  usual  mode,  to  the 
Navy  Department.* 

Id.;s.  9. 

Art.  35.  Any  punishment  which  a  summary  court-martial  is  author-     Same    punish- 
ized  to  inflict  may  be  inflicted  by  a  general  court-martial.  ments  by  general 

.:,        ,^  .JO  court-mai-tial. 

Id.,  8. 10, 

DISMISSAL   OF   OFFICERS. 

Art.  36.  No  officer  shall  be  dismissed  from  the  naval  service  except    Dismissal  of  of- 
by  the  order  of  the  President  or  by  sentence  of  a  general  court-martial ;  fleers, 
and  in  time  of  peace  no  officer  shall  be  dismissed  except  in  pursuance 
of  the  sentence  of  a  general  court-martial  or  in  mitigation  thereof. 
13  July,  1866,  s.  5,  v.  14,  p.  92. 

Art.  37.  When  any  officer,  dismissed  by  order  of  the  President  since     Officer  dis- 
3d  March,  1865,   makes,  in  writing,   an  application  for  trial,  setting  missed    by    the 
forth,  under  oath  that  he  has  been  wrongly  dismissed,  the  President  President     may 
shall,  as  soon  as  the  necessities  of  the  service  may  permit,  convene  a     ™ 
court-martial  to  try  such  officer  on  the  charges  on  which  he  shall  have 
been  dismissed.      And  if  such    court-martial    shall  not  be  convened 
within  six  months  from  the  presentation  of  such  application  for  trial,  1i 

or  if  such  court,  being  convened,  shall  not  award  dismissal  or  death  as 
the  punishment  of  such  officer,  the  order  of  dismissal  by  the  President 
shall  be  void.     [See  under  head  of  Dismissal.] 

3  March,  1865,  s.  12,  v.  13,  p.  489. 


16  ARTI'CLES    GOVERNING    THE    NAVY. 

t  GENERAL   COURTS-MARTIAL.* 

General  courts-     ART.  38.  General  courts-martial  may  be  convened  by  the  President, 
™^™;Jf "^^""^  the  Secretary  of  the   Navy,  or  the  commander-in-chief  of  a  fleet  or 
squadron;  but  no  commander  of  a  fleet  or  squadron  in  the  waters  of 
the  United  States  shall  convene  such  court  without  express  authority 
from  the  President.  • 

17  July,  1862,  s.  1,  art.  11  v.  12,  p.  603. 
Constitution  of.     ^^^  gg    ^  general  court-martial  shall  consist  of  not  more  than  thir- 
teen nor  less  than  five  commissioned  oflScers  as  members ;  and  as  many 
officers,  not  exceeding  thirteen,  as  can  be  convened  without  injury  to 
the  service,  shall  be  summoned  on  every  such  court.     But  in  no  case,, 
where  it  can  be  avoided  without  injury  to  the  service,  shall  more  than 
one- half,  exclusive  of  the  president,  be  junior  to  the  officer  to  be  tried. 
The  senior  officer  shall  always  preside  and  the  others  shall  take  place 
according  to  their  rank. 
7d.,  art  11. 
Note.' — The  minority  of  some  of  the  merabers  of  a  court-martial  is  not  availa- 
ble as  an  objection  to  the  validity  of  the  proceedings. — Op.  XVI,  550. 

Oaths  of  mem-  ART.  40.  The  president  of  the  general  court-martial  shall  administer 
bers  and  judge-  ^he  following  oath  or  affirmation  to  the  judge-advocate  or  person  offi- 
advocate.  dating  as  such : 

''  I,  A  B,  do  swear  (or  affirm)  that  I  will  keep  a  true  record  of  the 
evidence  given  to  and  the  proceedings  of  this  court ;  that  I  will  not  di- 
vulge or  by  any  means  disclose  the  sentence  of  the  court  until  it  shall 
have  been  approved  by  the  proper  authority ;  and  that  I  will  not  at 
any  time  divulge  or  disclose  the  vote  or  opinion  of  any  particular  mem- 
ber of  the  court,  unless  required  so  to  do  before  a  court  of  justice  in 
due  course  of  law." 

This  oath  or  affirmation  being  duly  administered,  each  member  of  the 
court,  before  proceeding  to  trial,  shall  take  the  following  oath  or  affir- 
mation, which  shall  be  administered  by  the  judge-advocate  or  jjersou 
officiating  as  such : 

*'  I,  A  B,  do  swear  (or  affirm)  that  I  will  truly  try  without  prejudice 
or  partiality,  the  case  now  depending,  according  to  the  evidence  whicli 
shall  come  before  the  court,  the  rules  for  the  government  of  the  Navy^ 
and  my  own  conscience ;  that  I  will  not  by  any  means  divulge  or  dis- 
close the  sentence  of  the  court  until  it  shall  have  been  approved  by  the 
proper  authority;  and  that  I  will  not  at  anytime  divulge  or  disclose 
the  vote  or  opinion  of  any  particular  member  of  the  court,  unless  re- 
quired so  to  do  before  a  court  of  justice  in  due  course  of  law." 
Id.,  art.  12. 
Oath  of  witness.  ART.  41.  An  oath  or  affirmation  in  the  following  form,  shall  be  ad- 
ministered to  all  witnesses,  before  any  court-martial,  by  the  president 
thereof: 

''  You  do  solemnly  swear  (or  affirm)  that  the  evidence  you  shall  give 
in  the  case  now  before  this  court  shall  be  the  truth,  the  whole  truth,, 
and  nothing  but  the  truth,  and  that  you  will  state  everything  within 
your  knowledge  in  relation  to  the  charges.     So  help  you  God;  (or  'this 
you  do  under  the  pains  and' penalties  of  perjury.')  " 
Id.,  art.  14. 
Contempts    of     ART.  42.  Whenever  any  person  refuses  to  give  his  evidence  or  to  give 
ourt.  it  in  the  manner  provided  by  these  articles,  or  prevaricates,  or  behaves^ 

with  contempt  to  the  court,  it  shall  be  lawful  for  the  court  to  imprison 
him  for  any  time  not  exceeding  two  months. 
Id.,  art.  13. 
Charges.  ^RT.  43.  The  person  accused  shall  be  furnished  with  a  true  copy  of 

the  charges,  with  the  specifications,  at  the  time  he  is  put  under  arrest ; 
and  no  other  charges  than  those  so  furnished  shall  be  urged  against  him 
at  the  trial,  unless  it  shall  appear  to  the  court  that  intelligence  of  such 
other  charge  had  not  reached  the  officer  ordering  the  court  when  the 
accused  was  put  under  arrest,  or  that  some  witness  material  to  the  sup- 
port of  such  charge  was  at  that  time  absent  and  can  be  produced  at 

*  The  proceedings  of  all  general  and  summary  conrts-martial  and  courts  of . 
inquiry,  after  action  thereon  by  the  reviewing  officer,  will  be  forwarded  direct 
to  the  Judge- Advocate-General  of  the  Navy,  accompanied  bj'  a  communica- 
tion addressed  to  him.  All  communications  pertaining  to .  questions  of  la w 
before  such  courts,  requiring  the  action  of  the  Department,  must  also  be  ad- 
dressed to  him.— General  Order  250,  June  20,  1880, 


ARTICLES    GOVERNING   THE    NAVY.  17 

the  trial;  in  which  case  reasonable  time  shall  be  given  to  the  accused      ' 
to  make  liis  defense  against  such  new  charge.     The  person  so  charged 
shall,  at  his  own  request  but  not  otherwise,  he  a  competent  witness.     And  his 
failure  to  make  such  request  shall  not  create  any  presumption  against  him. 

^  Id. ,  art.  15. 

16  March,  1878.  V.  20,  p.  30. 

Art.  44.  Every  officer  who  is  arrested  for  trial  shall  deliver  up  his     Duty  of  officer 
sword  to  his  commanding  officer  and  confine  himself  to  the  limits  as- ''^''^®'^*^^- 
signed  him,  on  pain  of  dismissal  from  the  service. 

17  July,  1862,  art.  15,  v.  12,  p.  604. 

Art.  45.  When  the  proceedings  of  any  general  court-martial  have     Suspension    of 
commenced,  they  shall  not  be  suspended  or  delayed  on  account  of  P™*'^^**^'^S». 
the  absence  of  any  of  the  members,  provided  five  or  more  are  assembled ; 
but  the  court  is  enjoined  to  sit  from  day  to  day,  Sundays  excepted,  un- 
til sentence  is  given,  unless  temporarily  adjourned  by  the  authority 
which  convened  it. 

Id.,  art.  16. 

Art.  46.  No  member  of  a  general  court-martial  shall,  after  the  pro-    Absence  of 
ceedings  are  begun,  absent  himself  therefrom,  except  in  case  of  sick- "^®'"^'^^'^- 
ness,  or  of  an  order  to  go  on  duty  from  a  superior  officer,  on  pain  of 
being  cashiered. 

Id.,  art.  16. 

Art.  47.  Whenever  any  member  of  a  court-martial,  from  any  legal     Witnesses  ex- 
cause,  is  absent  from  the  court  after  the  commencement  of  a  case,  all*™^"^.^  in  ab- 
the  witnesses  who  have  been  examined  during  his  absence  must,  when  ^^^^       ^  mem- 
he  is  ready  to  resume  his  seat,  be  recalled  by  the  court,  and  the  recorded 
testimony  of  each  witness  so  examined  must  be  read  over  to  him,  and 
such  witness  must  acknowledge  the  same  to  be  correct  and  be  subject 
to  such  further  examination  as  the  said  member  may  require.    Without 
a  compliance  with  this  rule,  and  an  entry  thereof  upon  the  record,  a 
member  who  shall  have  been  absent  during  the  examination  of  a  wit- 
ness shall  not  be  allowed  to  sit  again  in  that  particular  case. 
Id.,  art.  17. 

Art.  48.  Whenever  a  court-martial  sentences  an  officer  to  be  sus-     Suspension    of 
pended,  it  may  suspend  his  pay  and  emoluments  for  the  whole  or  any  P*^'- 
part  of  the  time  of  his  suspension. 
Id.,  art.  18. 

Art.  49.  In  no  case  shall  punishment  by  flogging,  or  by  branding.   Flogging, brand- 
marking,  or  tattooing  on  the  body  be  adjudged  by  any  court-martial  or  i"S.  &<*• 
be  inflicted  upon  any  person  in  the  Navy. 

Id.,  art.  8. 

6  June,  1872,  a.  2,  v.  17.  p.  261. 

Art.  50.  No  person  shall  be  sentenced  by  a  court-martial  to  suffer    Sentences,  how 
death,  except  by  the  concurrence  of  two-thirds  of  the  members  present,  <letermined. 
and  in  the  cases  where  such  punishment  is  expressly  provided  in  these 
articles.     All  other  sentences  may  be  determined  by  a  majority  of  votes. 
17  July,  1862,  s.  1,  v.  12,  p.  605,  art.  19. 

Art.  51.  It  shall  be  the  duty  of  a  court-martial,  in  all  cases  of  con-    Adequate  pun- 
viction,  to  a'djudge  a  punishment  adequate  to  the  nature  of  the  offense;  ishmeut :  recom- 
but  the  members  thereof  may  recommend  the  person  convicted  as  de-™^®^"^.     ^^^'^  ^® 
servingof  clemency,  and  state,  on  the  record,  their  reasons  for  so  doing. 
[See  Art.  35,  Summary  Courts-martial.] 
Id.,  art.  21. 

Art.  52.  The  judgment  of  every  court-martial  shall  be  authenticated    Authentication 
by  the  signature  of  the  president,  and  of  every  member  who  may  be  ^^  J"*^Ji™*^"*- 
present  when  said  judgment  is  pronounced,  and  also  of  the  judge-advo- 
cate. 

Id.,  art.  22. 

Art.  53.  No  sentence  of  a  court-martial,  extending  to  the  loss  of  life,    Confmnaiiocof 
or  to  the  dismissal  of  a  commissioned  or  warrant  officer,  shall  be  carried  sentmoe, 
into  execution  until  confirmed  by  the  President.    All  other  sentences  of 
a  general  court-martial  may  be  carried  into  execution  on  confirmation     ■ 
of  the  commander  of  the  fleet  or  officer  ordering  the  court. 
Id.,  art.  19. 

11181 2 


18  ARTICLES    GOVERNING   THE   NAVY. 

Remission  and  AiiT.  54.  Every  oflScer  who  is  authorized  to  convene  a  general  court- 
raitigationofsen- jjj^j^g^j  shall  have  power,  on  revision  of  its  proceedings,  to  remit  or 
tence.  mitigate,  but  not  to  commute,  the  sentence  of  any  such  court  which  he 

is  authorized  to  approve  and  confirm. 
Zd.,art.20. 

Notes. — A  milder  punishment  may  be  substituted, by  the  President  for  dis- 
missal. In  mitigating,  may  substitute  suspension  without  J}R\  ,  which  is  an  in- 
ferior degree  of  the  same  punishment.  Mitigation  must  be  of  the  punishment 
adjudgea  by  i  educing  and  modifying  its  severity,  except  in  case  of  deathe 
where  there  is  no  inferior  degree.  The  Executive  cannot  add  to  the  punish- 
ment; cannot  suspend  pay  or  emoluments  where  they  were  not  suspended  by 
thecouit.  Sentence  of  suspension  merely  does  not  deprive  the  party  of  pay 
or  emoluments.  Where  forfeiture  or  loss  of  pay  is  made  part  of  the  sentence, 
in  addition  to  confinement  or  suspension  from  duty,  the  former  may  be  re- 
mitted by  the  proper  authority,  in  whole  or  in  part,  without  also  remitting  the 
latter.— Op.  IV,  432,  444 ;  V  45 ;  VI,  200 ;  XV,  175. 

It  is  well  settled  that  it  is  beyond  the  power  of  the  President  to  annul  or  re- 
voke the  sentence  of  a  couit-martial  which  has  been  approved  and  executed 
nnder  a  former  President.  The  rule  is  not  confined  to  cases  in  which  the  sen- 
tence is  required  to  be  approved  by  the  President. — Op.  X  p.,  M.  Eeftrs  to 
Op.  I,  486 ;  IV,  170,  274;  VI,  514,  369;  Vlf,  98. 

Forfeiture  or  loss  of  pay,  by  confinement  or  suspension  from  duty,  under  a 
sentence  of  a  court-martial,  is  not  incurred  unless  the  forfeiture  or  loss  be  im- 
posed by  the  sentence. — Op.  XV,  175 

The  action  of  an  oflicer  who  ordered  the  court,  on  forwarding  the  proceedings 
with  the  indorsement  "that  the  finding  of  the  court  is  not  sustained  by  the 
evidence,"  cannot  be  deemed  to  be  a  disapproval  of  the  sentence  of  the  court. 
Such  disapproval  should  be  distinctly  expressed.— Op.  XVI,  312. 

Notice  by  the  Secretary  of  the  Navy  of  the  approval  by  the  President  of  the 
sentence  of  a  court-martial  is  sufficient  evidence  of  approval  and  promulga- 
tion.— Op.  XVI,  550 ;  sefe  also  XV,  290.  Sign-manual  of  the  President  not 
necessary. 

A  disapproval  of  a  sentence  by  the  proper  reviewing  officer,  release  fiom  con- 
finement, and  restoration  to  duty  is  tantamount  to  an  acquittal  by  the  court. — 
Op.  XIII.  459. 

Wherf  the  sentence  of  a  court-martial,  lawfully  confirmed,  has  been  executed, 
the  proceedings  in  the  case  are  no  longer  subject  to  review  by  the  President.— 
Op.  XV,  290.  In  a  note  to  this  opinion,  observations  are  submitted  upon  the 
authority  of  the  President  to  appoint  general  courts-martial  in  cases  other  than 
those  in  which  he  is  expressly  authorized  to  do  so  by  Congress,  and  the  con- 
•clusion  reached  that  such  authority  is  well  established. 
*  A  midshipman  was  nominated  and  confirmed  as  an  ensign,  subject  to  ex- 

amination, but  subsequently  tried,  never  having  been  examined,  and  sentenced 
to  be  dismissed.  Under  the"  circumstances,  was  properly  tried  as  a  midshipman. 
Op.  XVI,  550. 

Any  person  having  an  interest  in  the  record  of  a  naval  court-martial  is  enti- 
tled to  have  an  exemplified  copy  of  it,  after  the  proceedings  are  consummated 
by  the  proper  authority.— Op.  XI,  137. 

COURTS    OF   INQUIRY,  t 

Courts  of   in-     Art.*55.  Courts  of  inquiry  maybe  ordered  by  the  President,  the  Sec- 
quiry,  by  whom  retary  of  the  Navy,  or  the  commander  of  a  fleet  or  squadron, 
ordered.  ^^  j^^^^  ^gg2,  g.  1,  v.  12,  p.  605,  art.  23. 

Constitution  of-  Art.  56.  A  court  of  inquiry  shall  consist  of  not  more  than  three  com- 
missioned officers  as  members,  and  of  a  judge-advocate,  or  person  offi- 
ciating as  such. 

Id.,  art.  23. 

Powers  of.  ART.  57.  Courts  of  inquiry  shall  have  power  to  summon  witnesses, 

administer  oaths,  and  punish  contempts,  in  the  same  manner  as  courts- 
martial  ;  but  they  shall  only  state  facts,  and  shall  not  give  their  opin- 
ion, unless  expressly  required  so  to  do  in  the  order  for  convening. 
Id.,  art.  23. 

Oath   of  mem-     ART.  58.  The  judge-advocate,  or  person  officiating  as  such,  shall  ad- 

bt;rs  and  judge- minister  to  the  members  the  following  oath  or  affirmation:  "You  do 

advocate.  swear  (or  affirm)  well  and  truly  to  examine  and  inquire,  according  to 

the  evidence,  into  the  matter  now  before  you,  without  partiality."  After 

which  the  president  shall  administer  to  the  j  udge-advocate,  or  person 

officiating  as  such,  the  following  oath  or  affirmation:  ''You  do  swear 

(or  affirm)  truly  to  record  the  proceedings  of  this  court  and  the  evidence 

to  be  given  in  the  case  in  hearing." 

Id.,  art.  25. 

I^Hights  of  party     ART.  59.  The  party  whose  conduct  shall  be  the  subject  of  inquiry,  or 
inquired  of.     .     jjjg  attorney,  shall  have  the  right  to  cross-examine  all  the  witnesses.* 

Id.,  art.  23. 

*  See  act  of  March  16, 1878,  as  noted  under  general  courts-martials,  article  43. 
tSee  note,  page  15. 


MISCELLANEOUS    PROVISIONS    GOVERNING    THE    NAVY. 


19 


AiiT.  60.  The  proceedings  of  courts  of  inquiry  shall  be  authenticated  ijow^authelfucat 
^y  the  signature  of  the  president  of  the  court  and  of  the  judge-advocate,  ed  and  used  as 
and  shall,  in  all  cases  not  capital,  nor  extending  to  the  dismissal  of  a  evidence, 
-commissioned  or  warrant  officer,  be  evidence  before  a  court-martial, 
l>rovided  oral  testimony  cannot  be  obtained. 
Id.,  art.  24. 

XoTE. — Courts  of  inquiry  are  open  or  close,  as  the  authority  ordering  it  may 
determine. — De  Hart,  276.  Action  of  courts  not  decision,  but  advice,  only  for 
iu formation  of  Executive.  Scope  not  limited  to  a  prescription  of  time.  May  be 
ordered  at  any  subsequent  date.— Op.  VIII,  335;  VI,  239.  A  court  of  inquiry 
cannot  be  ordered  on  a  civilian.  A  body  of  officers  convened  to  inn  uire  into  and 
report  on  the  facts  of  the  case  of  an  officer  who  has  been  legally  aismissed  is  a 
mere  board  of  investigation,  and  can  exercise  none  of  the  special  powers  of  a 
court-martial  or  court  of  inquiry. — Winthrop's  Digest,  125;  see  same  as  to  powers 
of  boards  of  investigation. 

A  copy  of  the  record  of  a  court  of  inqiiiry  is  not  to  be  funiishedto  parties,  or 
their  agents,  as  a  matter  ot  right,  as  is  the  copy  of  the  record  of  a  coui  t-maitial. 
—Holt's  Digest,  43.  - 

MISCELLANEOUS  PROVISIONS. 


1433.  Exercise  of  consular  powers.  , 

1440.  Appointments  in  diplomatic  service. 

1442.  Furloughing  officers. 

1547.  Ilegulations  and  general  orders. 

1548.  Officers  to  be  furnished  general  orders. 
1571.  Sea  service  defined. 

1586.  Medicines  and  medical  expenses. 

1587.  Funeral  expenses. 

1860.  Voting  and  holding  office  in  Territories. 
2002.  Bringing  troops  to  places  of  election. 


Sec. 

2003.  Interference  in  elections. 

5510.  Depriving  citizens  of  civil  rights. 

5528.  Troops  at  elections. 

5529.  Intimidating  voters. 

5530.  Prescribing  voters'  qualifications. 

5531.  Interfering  in  elections. 

5532.  Disqualification  to  hold  office. 

Credit  for  volunteer  service. 

Acceptance  of  decorations. 

Employment  on  shore  duty. 


Sec.  1433.  The  commanding  officer  of  any  fleet,  squadron,  or  vessel  Title  15,  Chap.  2. 
4icting  singly,  when  upon  the  high  seas  or  in  any  foreign  port  where  there     consular  pow- 
is  no  resident  consul  of  the  United  States,  shall  be  authorized  to  exercise  ers. 
all  the  powers  of  a  consul  in  relation  to  mariners  of  the  United  States. 
20  Feb.,  1845,  s.  2,  v.  5,  p.  725. 

Sec.  1440.  If  any  officer  of  the  Navy  accepts  or  holds  an  appointment  Accepting  ap- 
in  the  diplomatic  or  consular  service  of  the  Government,  he  shall  be  J??^*™^?*^  ^" 
-considered  as  having  resigned  his  place  in  the  Navy,  and  it  shall  be  iJe,  ^^^  ^^  ^^^^' 
filled  as  a  vacancy. 

30  March,  1868,  s.  2,  v.  15,  p.  58. 

Sec.  144'2.  The  Secretary  of  the  Navy  shall  have  authority  to  place  Furloughing  of- 
on  furlough  any  officer  on  the  active  list  of  the  Navy.  '  ficers. 

3  March,  1835,  s.  1,  v.  4,  p.  756.         3  March,  1845,  s.  6,  v.  5,  p.  794. 
28  Feb.,  1855,  s.  3,  v.  10,  p.  617.         1  June,  1860,  s.  4,  v.  12,  p.  27. 

'Note.— Furloughed,  in  ordinary  sense  of  the  administration  of  the  Department, 
is  a  question  of  duty  and  pay,  not  of  rank  or  place  on  the  roll  of  the  Navy.  The 
officer  may  be  restored  by  the  same  power,  retains  his  place  in  the  line  of  pro- 
motion, and  it  cannot  be  occupied  by'  another. — Op.  VIII,  223,  Dec.  10, 1856. 

Sec.   1547.  The  orders,  regulations,  and  instructions  issued  by  the  xitle  15,  Chap.  7. 

Secretary  of  tl>e  Navy  prior  to  J  uly  14,  1862,  with  such  alterations  as — — — 

he  may  since  have  adopted,  with  the  approval  of  the  President,  shall     Regulations. 
1)8  recognized  as  the  regulations  of  the  Navy,  subject  to  alterations 
adopted  in  the  same  manner. 

14  July,  1862,  s.  5,  v.  12,  p.  565. 

Notes.  — Congress  is  empowered  by  the  Constitution  to  make  Xavy  Regulations. 
Those  made  by  the  President,  or  subordinates,  must  be  in  execution  of  and 
supplemental  to  the  statutes  and  statute  regulations. — Op.  VI,  p.  10  (see  also 
X,  p.  413)  ;  XIII,  p.  9. 

A  regulation  of  the  Department  (Treasury)  made  in  pursuance  of  an  act  of 
'  Congress  becomes  a  part  of  the  law,  and  is  of  the  same  force  as  if  incorporated 

in  the  body  of  the  act  itself.— U.  S.  v.  Barrows,  1  Abbott,  U.S.  R.,  351. 

A  regulation  of  a  Department  is  a  rule  made  by  the  head  of  such  Department 
for  its  action,  under  a  statute  conferring  such  power,  and  has  the  force  of  law; 
a  mere  order  of  the  President,  or  the  Secretary  of  the  Department,  is  not  a  regu- 
lation.— Court  of  Claims,  III,  p.  39. 

The  Xavy  Ilegulations  on  the  subject  of  payments  to  administrators  and  un- 
der wills  are  to  be  construed  as  binding  only  upon  the  officers  and  seamen  of 
the  Xavy ;  they  are  not  applicable  to  nor  binding  upon  the  accounting  officers 
•of  the  Treasury  Department  in  the  settlement  of  naval  accounts,  and  it  was  not 
intended  that  they  should  control  these  officers:- Op.  XVI,  p.  494,  Devens,  May 
HI,  1880.  The  general  tenor  of  this  opinion  is  that  the  Xavy  Regulations  are  not 
intended  to  afifect  any  persons  except  those  subject  to  the  orders  of  the  Secre- 
tary of  the  Xavy. 


20  MISCELLANEOUS   PROVISIONS    GOVERNING   THE   NAVY. 

Copy  to  be  fur-      Sec.  1548.  The  Secretary  of  the  Navy  shall  cause  each  commissioners 
Eished  to  officers,  or  warrant  officer  of  the  Navy,  on  his  entry  into  the  service,  to  be  fur- 
nished with  a  copy  of  the  regulations  and  general  orders  of  the  Navy 
Department  then  in  force,  and  thereafter  with  a  copy  of  all  such  as- 
may  be  issued. 

17  July,  1862,  s.  19,  v.  12,  p.  610.  * 

Title  15,  chap.  8.     Sec.  1571.  No  service  shall  be  regarded  as  sea  service  except  such  as 
"^  .  shall  be  performed  at  sea,  under  the  orders  of  a  Eei)artment  and  in  ves- 

^^  *  '       sels  employed  by  authority  of  law. 

1  June,  1860,  s.  3,  v.  12,  p.  27. 

Note. — The  service  wliich  entitles  an  officer  to  the  pay  allowed  for  "  dut\'  at 
sea,"  begins  when,  having  been  ordered  to  a  particular  duty,  he  reports  himself^ 
in  obedience  to  the  orders,  at  the  place  designated,  and  enters  upon  that  dutv. — 
Op.  X,  p.  191,  Feb.  19,  1862,  and  p.  97,  Aug.  13,  1861,  Bates. 

Medicines  and     gEC.  1586.  Expenses  incurred  by  any  officer  of  the  Navy  for  medicines- 

ance         ***®^""  and  medical  attendance  shall  not  be  allowed  unless  they  were  incurred 

when  he  was  on  duty,  and  the  medicines  could  not  have  been  obtained 

from  naval  supplies,  or  the  attendance  of  a  naval  medical  officer  could 

not  have  been  had. 

15  July,  1870,  s.  17,  v.  16,  p.  334. 
Funeral  ex-      Sec.  1587.  No  funeral  expense  of  a  naval  officer  who  dies  in  the  United 
penses.  States,  nor  expenses  for  travel  to  attend  the  funeral  of  an  officer  who 

dies  there,  shall  be  allowed.     But  when  an  officer  on  duty  dies  in  a  for- 
eign country  the  expenses  of  his  funeral,  not  exceeding  his  sea-pay  for 
one  month,  shall  be  defrayed  by  the  Government,  and  paid  by  the  pay- 
master upon  whose  books  the  name  of  such  officer  was  borne  for  pay. 
15  July,  1870,  8. 17,  v.  16,  p.  334. 

Note.— Section  1581  prohibits  the  allowance  of  the  funeral  expenses  of  an  officer 
who  dies  in  the  United  States.  The  fact  that  an  officer  who  had  started  on. 
foreign  service,  but  died  in  a  port  of  the  United  States,  at  which  his  vessel  had 
touched,  does  not  relieve  the  case  from  the  prohibition  in  the  statute. — Op.  XIII, 
p.  341,  Nov.  17,  1870,  case  of  Captain  Harrison.  Not  held  by  the  Navy  Depart- 
ment as  prohibiting  an  allowance  of  an  officer's  funeral  expenses,  to  the  limit 
in  the  statute,  who  dies  at  sea  on  the  way  home  from  a  foreign  station. — Case  of 
Captain  Lewis,  1880. 

Title  23,  Chap.  1.     Sec.  1860.    *    ^    *    Third.  No  officer,  soldier,  seaman,  mariner,  or  other 

person  in  the  Army  or  Navy,  or  attached  to  troops  in  the  service  of  the 

.  ^ot^p.»<JhoJ4- United  States,  shall  be  allowed  to  vote  in  any  Territory,  by  reason  of 
tofies,*^^^^    ^"^  being  on  service  therein,  unless  such  Territory  is,  and  has  been  for  the 
period  of  six  months,  his  permanent  domicile. 

Fourth.  No  person  belonging  to  the  Army  or  Navy  shall  be  elected  to 
or  hold  any  civil  office  or  appointment  in  any  Territory,  except  officers 
of  the  Army  on  the  retired  list. 

2  March,  1853,  s.  5,  v.  10.  p.  174.     3  March,  1883,  P.  E.,  567. 
8  Feb.,  1861,  s.  8.  v.  12,  p.  174. 

Title  26.  Sec.  2002.  No  military  or  naval  officer,  or  other  person  engaged  iu' 

—  ~ — : ^  the  civil,  military,  or  naval  service  of  the  United  States,  shall  order, 

troops^to^places  ^^ii^g»  keep,  or  have  under  his  authority  or  control,  any  troops  or  armed. 
of  ekction.  nien  at  the  place  where  any  general  or  special  election  is  helxl  in  any 

State,  unless  it  be  necessary  to  repel  the  armed  enemies  of  the  United 
States,  or  to  keep  the  peace  at  the  polls.    [See  §  $  5528,  5529, 5530, 5532.  j 
Interference      ^*^^*  '^^03.  No  officer  of  the  Army  or  Navy  of  the  United  States  shall 
with  freedom  of  Prescribe  or  fix,  or  attempt  to  prescribe  or  fix,  by  proclamation,  order, 
elections.  or  otherwise,  the  qualifications  of  voters  in  any  State,  or  in  any  manner 

interfere  with  the  freedom  of  any  election  in  any  State,  or  with  the  ex- 
ercise of  the  free  right  of  suffrage  in  any  State.     [See  $  §  5530,  5530.] 
25  Feb.,  1865,  s.  1,  v.  13,  p.  437. 

Title 70,  Chap.  7.      Sec.  5510.  Every  person  who,  under  color  of  any  law,  statute,  ordi  - 

'— ^^  nance,  regulation,' or  custom,  suhjects,  or  causes  to  be  subjected,  any 

Depriving  citi-  inhabitant  of  any  State  or  Territory  to  the  deprivation  of  any  rights,, 
ri^ghis.^  ^^^^  privileges,  or  immunities,  secured  or  protected  by  the  Constitution  and 
laws  of  the  United  States,  or  to  different  punishments,  pains,  or  penal- 
ties, on  account  of  such  inhabitant  being  an  alien,  or  by  reason  of  his 
color  or  race,  than  are  prescribed  for  the  punishment  of  citizens,  shall 
be  punished  by  a  fine  of  not  more  than  one  thousand  dollars,  or  by  im- 
prisonment not  more  than  one  year,  or  by  both. 
31  May,  1870,  s.  17,  v.  16,  p.  144. 


MESCELL^NEOUS   PROVISIONS    GOVERNtNG   THE    NAViT.  21 

Skc.  5528.  Every  officer  of  the  Army  or  Navy,  or  other  person  in  the   ^Unlawful  pr.a- 
cjivil,  military,  or  naval  service  of  the  United  States,  who  orders,  brings,  efe?tions^°'*^*  *^' 
keeps,  or  has  under  his  authority  or  control,  any  troops  or  armed  men 
^t  any  place  where  a  general  or  special  election  is  held  in  any  State,  , 

f^inless  such  force  be  necessary  to  repel  armed  enemies  of  the  United 
States  or  to  keep  the  peace  at  the  polls,  shall  be  fined  not  more  than 
tive  thousand  dollars,  and  suffer  im.prisonment  at  hard  labor  not  less 
ithan  three  months  nor  more  than  five  years.  [See  $  2002,  5531,5532.] 
25  Feb.,  1865,  s.  1,  v.  13,  p.  437. 

Sec.  5529.  Every  officer  or  other  person  in  the  military  or  naval  serv-     Intimidation  ( f 
ice  who,  by  force,  threat,  intimidation,  order,  advice,  or  otherwise,  voters, 
prevents,  or  attempts  to  prevent,  any  qualified  voter  of  any  State  from 
freely  exercising  the  right  of  suffrage  at  any  general  or  special  election 
in  such  State,  shall  be  fined  not  more  than  five  thousand  dollars,  and 
imprisoned  at  hard  labor  not  more  than  five  years.     [See  $  2003.  J 
Ibid.,  8.  2. 

Sec.  5530.  Every  officer  of  the  Army  or  Navy  who  prescribes  or  fixes.  Officers  of  Arm v 
or  attempts  to  prescribe  or  fix,  whether  by  proclamation,  order,  or  prifavyprescTiU- 
'Otherwise,  the  qualifications  of  voters  at  any  election  in  any  State,  o°  voters  ^**^*"^ 
shall  be  punished  as  provided  in  the  preceding  section.    [See  $  2003.] 

Ibid.,  a.  1. 

Sec.  5531.   Every  officer  or  other  person  in  the  military  or  naval     Officers.  &c.,  of 
rscrvice  who,  by  force,  threat,  intimidation,  order,  or  otherwise,  compels,^"ny  orNavy  in 
or  attempts  to  compel,  any  officer  holding  an  election  in  any  State  to  o^icerof  eftctimi 
receive  a  vote  from  a  person  not  legally  qualified  to  vote,  or  who  im-  &c. 
poses,  or  attempts  to  impose,  any  regulations  for  conducting  any  general 
or  special  election  in  a  State  different  from  those  prescribed  by  law,  or 
who  interferes  in  any  manner  with  any  officer  of  an  election  in  the  dis- 
charge of  his  duty,  shall  be  punished  as  provided  in  section  fifty-five' 
hundred  and  twenty-nine. 
Ibid.,  8.  2.. 

Sec. 
the  five ' 

■severally  prescribed,  be  disqualified  from  holding  any  office  of  honor, 
profit,  or  trust  under  the  United  States ;  but  nothing  in  those  sections 
shall  be  construed  to  prevent  any  officer,  soldier,  sailor,  or  marine  from 
exercising  the  right  of  suffrage  in  any  election  district  to  which  he 
may  belong,  if  otherwise  qualified  according  to  tlie  laws  of  the  State 
an  which  he  offers  to  vote. 

Ibid.,  s.  s.  1,  2. 
And  all  officers  of  the  Navy  shall  be  credited  with  the  actual  time   3  March,  1883. 
they  may  have  served  as  officers  or  enlisted  men  in  the  regular  or  vol-     Credit forreffu- 
luiteer  Army  or  Navy,  or  both,  and  shall  receive  all  the  benefits  of  such  lar  and  volunteer 
:actual  service  in  all  respects  in  the  same  manner  as  if  all  said  service  service, 
•hail  been  continuous  and  in  the  regular  Navy  in  the  lowest  grade  having 
graduated  pay  held  by  such  officer  since  last  entering  the  service :  Pro- 
vided, That  nothing  in  this  clause  shall  be  so  construed  as  to  authorize 
any  change  in  the"  dates  of  commission  or  in  the  relative  rank  of  such 
officers :  Provided  further,  That  nothing  herein  contained  shall  be  so 
construed  as  to  give  any  additional  pay  to  any  sucli  officer  during  the 
time  of  his  service  in  the  volunteer  army  or  navy. 

March  3,  1883,  P.  E.,  p.  473.     [Naval  appropriation  act.] 

5  Aug.,  1882,  P.  E.  L.,  p.  287. 

No  decoration,  or  other  thing,  the  acceptance  of  which  is  authorized     31  Jan.,  1881. 

l)y  this  act,  and  no  decoration  heretofore  accepted,  or  which  may  here-  — ~ 

after  be  accepted,  by  consent  of  Congress,  by  any  officer  of  the  United  jiecoratwnr^ 
States,  from  any  foreign  government,  shall  be  i)ublicly  shown  or  ex- 
posed upon  the  person  of  the  officer  so  receiving  the  same. 
31  Jan.,  1881,  s.  2,  chap.  32,  P.  E.,  p.  80. 

Hereafter  any  present,  decoration,  or  other  thing,  which  shall  be  con- 
ferred or  presented  by  any  foreign  government  to  any  officer  of  the 
United  States,  civil,  naval,  or  military,  shall  be  tendered  through  the 
Department  of  State,  and  not  to  the  individual  in  person,  but  such 
present,  decoration,  or  other  thing  shall  not  be  delivered  by  the  De- 
partment of  State  unless  so  authorized  by  act  of  Congress. 
Ibid.,  9.^. 


:.  5532.  Every  person  convicted  of  any  of  the  offenses  specified  in    Disqualification 
ve  preceding  sections,  shall,  in  addition  to  the  punishments  therein  for  holding  office. 


22 


CHAPLAINS. 


3  March,  1883.*       Hereafter  no  officer  of  the  Navy  shall  be  employed  on  any  shore  duty^ 
Emplovraent  ®^cept  in  cases  specially  provided  by  law,  unless  the  Secretary  of  th& 
on  shore  (tut>\      Navy  shall  determine  that  the  employment  of  an  officer  on  such  duty 
is  required  by  the  public  interests,  and  he  shall  so  state  in  the  order  of 
employment,  and  also  the  duration  of  such  service,  beyond  which  time- 
it  shall  not  continue.  * 

3  March,  1883,  s.  2,  P.  E.,  p.  481.     [Naval  appropriation  act.] 
5  Aug.,  1882,  8.  3.     [Xaval  appropriation  act.] 

Note. — A.  naval  officer  cannot  lawfully  serve  as  a  master  of  a  private  steam 
vessel  in  the  merchant  service  without  having  previously  obtained  the  license 
required  by  Sec.  4438  R.  S.,  although  he  may  be  eligible  by  virtue  of  his  com- 
mission to  take  command  of  a  steam  vessel  of  the  United  States  in  the  naval 
service.— Op.  XV,  61,  Pierrepont,  Oct.  26,  1875,  Commander  Philips'  case. 

(See  also  Bribes,  Presents,  etc. — Part  IV.) 
*  CHAPLAINS. 


Sec. 

1395.  Number  and  appointment  of, 

1396.  Qualifications  of. 

1397.  Form  of  worship. 
3198.  Annual  report. 


Sec.    47. 

1479.  Hank. 

1481.  Rank  when  retired  from  age,  &c. 

1556.  Pay. 


TitlelS,  Chap.  1.     Sec.  1395.  There  shall  be  in  the  Navy,  for  the  public  armed  vessels  oi 
Number   and  *^^  United  States  in  actual  service  not  exceeding  twenty- four  chaplains, 
appointment  of.   ^^o  shall  be  appointed  by  the  President  with  the  advice  and  consent  of 
the  Senate. 

21  Apr.,  1806,  s.  3,  v.  2,  p.  390. 
16  Apr.,  1814,  s.  5.  v.  3,  p.  125. 
4  Aug.,  1842.  8.  1,  V.  5,  p.  500. 

*    Qualificati  o  ns     Sec.  1396.  A  chaplain  shall  not  be  less  than  twenty-one  nor  more  than 
oi-  thirty-five  years  of  age  at  the  time  of  his  appointment. 

14  July,  1862.  s.  7,  v.  12,  p.  565. 

Note. — Under  this  act  the  President  cannot  appoint  a  chaplain  above  the  age 
^  of  thirty-five,  although  before  its  passage  he  haS  instructed  the  Secretary  of 

the  Navy  to  prepare  the  nomination  of  the  person  to  the  Senate.— Op.  X,  p.  324^ 
Bates,  Aug.  28, 1862. 

Form  of  wor-      Sec.  1397.  Every  chaxilain  shall  be  permitted  to  conduct  public  wor-^ 
^^^P-  ship  according  to  the  manner  and  forms  of  the  church  of  which  he  may 

be  a  member. 


1  June, 


s.  1,  V.  12,  p.  24. 


Annual  report.     Sec.  1398.  Chaplains  shallroport  annually  to  the  Secretary  of  the  Navy 
the  official  services  performed  by  them. 
1  June,  1860,  s.  1,  v.  12,  p.  24. 

Title  15,  Chap.  4.     Sec.  1479.  Chaplains  shall  have  relative  rank  as  follows :  Four,  the: 

Ti — Tz relative  rank  of  captain ;  seven,  that  of  commander ;  and  not  more  than. 

Rank.  seven,  that  of  lieutenant-commander  or  lieutenant. 

3  March,  1871,  s.  9,  v.  16,  p.  536. 

Rank  when  re-  Sec.  1481.  *  *  *  Chaplains,  *  *  *  ^j^q  shall  have  served 
tired  for  age  or  faithfully  for  forty-five  years,  shall,  when  retired,  have  the  relative  rank 
lengtn  ot  service.  ^^  commodore  ;  and  *  *  *  who  have  been  or  shall  be  retired  at  the 
age  of  sixty-two  years,  before  having  served  for  forty-five  years,  but 
who  shall  have  served  faithfully  until  retired,  shall,  on  the  completion 
of  forty  years  from  their  entry  into  the  service,  have  the  relative  rank 
of  commodore. 

3  March,  1871, 


s.  11, 


16,  p.  337. 


Pay. 


Title  15,  Chap.  8.     Sec.  1556.  Chaplains,  during  the  first  five  years  after  date  of  coramis- 

sion,  when  at  sea,  two  thousand  five  hundred  dollars;  on  shore  duty, 

two  thousand  dollars ;  on  leave,  or  waiting  orders,  one  thousand  six 
hundred  dollars;  after  five  years  from  such  date,  when  at  sea,  two 
thousand  eight  hundred  dollars;  on  shore  duty,  two  thousand  three 
hundred  dollars ;  on  leave,  or  waiting  orders,  one  thousand  nine  hundred 


dollars. 


15  Julj',  1870,  8,  3,  V.  16,  p.  331. 


CIVIL   ENGINEERS CONTRACTS    AND    SUPPLIES. 


23 


CIVIL  EKGINEEES. 


Sec. 

416.  In  Bureau  Yards  and  Docks. 
1413.  Appointment  of  civil  engineers. 


Sec. 

1478.  Rank. 

1556.  Pay. 


General  order. 


Sec.  416.  There  shall  be  in  the     *'     ' 
one  civil  engineer.     *     *     * 

5  July,  1862,  v.  12,  p.  510. 


Bureau  of  Yards  and  Docks: 


Title  10. 


Yards 
Docks. 


and 


Sec.  1413.  The  President,  by  and  with  the  advice  and  consent  of  the  Title  15,  Chap.l. 
Senate,  may  appoint  a  civil  engineer  *  »  *  at  each  of  the  navy-  ^ppoinrnTen^ 
yards  where  such  officers  may  be  necessary.  at  navy-yards. 

2  March,  1867,  s.  1.  v.  14,  p.  490. 
17  June,  1868,  s.  1,  v.  15,  p.  69. 

Sec.  1476.  Civil  engineers  shall  have  such  relative  rank  as  the  Presi-  Title  15,  Cliap.  4. 
dent  may  fix.  j^^nk 

3  March,  1871,  s.  9,  v.  16,  p.  536, 

The  President  of  the  United  States  has  this  day,  under  the  provisionl 
of  section  1478  of  the  Revised  Statutes,  conferred  relative  rank  on  civi  . 

engineers  of  the  Navy,  and  fixed  the  same  as  follows: 

One  with  the  relative  rank  of  captain. 

Two  with  the  relative  rank  of  commander. 

Three  with  the  relative  rank  of  lieutenant-commander. 

Four  with  the  relative  rank  of  lieutenant. 

Civil  engineers  will  take  precedence  in  their  corps,  and  with  other 
officers  with  whom  they  hold  relative  rank,  in  accordance  with  the  law 
regulating  precedence  of  officers  of  the  Navy. 

General  Order  263.    24  February,  1881. 
Note.— See  Ops.  XV,  p.  165  and  597;  XVI,  p.  203,  and  June  17, 1881. 

Sec  1556.  *  *  *  Civil  engineers,  during  the  first  five  years  after  Title  15,  Chap.  S. 
date  of  appointment,  when  on  duty,  two  thousand  four  hundred  dollars ; 


on  leave,  or  waiting  orders,  one  thousand  five  hundred  dollars  ;  during 
the  second  five  years  after  such  date,  when  on  duty,  two  thousand  seven 
hundred  dollars;  on  leave,  or  waiting  orders,  one  thousand  eight  hun- 
dred dollars ;  during  the  third  five  years  after  such  date,  when  on  duty, 
three  thousand  dollars ;  on  leave,  or  waiting  orders,  two  thousand  one 
hundred  dollars ;  after  fifteen  years  from  such  date,  when  on  duty,  three 
thousand  five  hundred  dollars;  on  leave,  or  waiting  orders,  two  thou- 
sand six  hundred  dollars. 

15  July,  1870,  s.  3,  v.  16,  p.  331. 


Pay. 


co:n^tracts,  supplies,  etc. 


Sec. 

1549.  Regulations  of  supplies. 

3648.  Advances  of  public  money  on  contracts. 

3709.  Advertisements  for  proposals. 

3710.  Opening  bids. 

3714.  Contracts  for  the  military  or  naval  service, 
how  oontrolled. 

3718.  IS'aval  supplies  to  be  furnished  by  contract. 

3719.  Guarantee. 

3720.  Record  of  bid  and  report  to  Congress. 

3721.  Purchase  without  advertisements. 

3722.  "Whatbidsmay  be  rejected,  &c.;  openingbids. 

3723.  Contracts  for  foreign  supplies  for  the  Navy. 

3724.  Rejection  of  excessive  bids. 

3725.  Hemp. 

3726.  Preserved  meats,  &,c. 

3727.  Flour  and  bread. 

3728.  Home  manufactures  to  be  preferred;  fuel. 

3729.  Bunting. 

3730.  Relinquishmentof  reservations  on  deliveries. 

3731.  Name  of  contractor  to  appear  on  supplies. 

3732.  Unauthorized  contracts  prohibited. 

3733.  No  contract  to  exceed  appropriation. 

37-34.  Restrictions  on  commencement  of  new  build- 
ings. 

3735.  Contracts  limited  to  one  year. 

3736.  Restriction  on  purchases  of  land. 

3737.  No  transfer  of  contract. 

3738.  Eight  liours  to  be  a  day's  work. 


Sec. 

3739.  Members  of  Congress  not  to  bp  interested  in 

contracts. 

3740.  What  interest  members  of  Congress  may 

have. 

3741.  Stipulation  that  no  member  of  Congress  has 

an  interest. 

3742.  Penalty  against  officer  for  making  contract 

with  a  member  of  Congress. 

3743.  Deposit  of  contracts, 

3744.  Contracts  to  be  in  writing. 

3745.  Oath  to  contract. 

3746.  Penalty  for  omitting  returns. 

3747.  Instructions.  » 
[512-.51.5.  Returns  office.] 

5503.  Contracting  beyond  appropriations. 
Rent  of  buildings. 
Materials  for  steam-boilers. 
Tobacco  for  the  Navy. 
Cotton  cordage  for  the  Navy. 
Life-saving  dress. 
Torpedoes  for  the  Navy. 
Small  stores  fund. 

3711.  Inspection  of  fuel  in  District  of  Columbia ; 

appointment  of  inspectors,  &c. 

3712.  Appointment  of  inspectors,  &c.,  to  be  noti- 

fied to  accounting  officers. 

3713.  No  payment  witliout  certificates. 


24  CONTRACTS    AliD    SUPPLIES. 

Title  15,  Chap.  7.  Sec.  1549.  It  shall  be  the  duty  of  the  President  to  make,  subject  to 
"lleo^ulations  of  *^®  provisious  oflaw  conceruing  supplies,  such  regulations  for  the  pur- 
suppTies.  chase,  preservation,  and  disposition  of  all  articles,  stores,  and  supplies 

for  persons  in  the  Navy,  as  may  be  necessary  for  the  safe  and  economi- 
cal administration  of  that  branch  of  the  jiublic  service. 

26  Aug.,  1842,  8.  2,  v.  5,  p.  535.        3  March,  1847,  s.  1,  v.  9,  p.  171. 

Notes. — Authority  given  by  Congress  to  make  a  contract  implies  none  to 
change  it  after  it  is  made. — Op.  IX,  80  and  104,  [See  post,  Supreme  Court  De- 
cisions.] 

"Where  a  contract  is  made,  after  advertisement,  with  the  lowest  bidder,  the 
head  of  a  Department  has  no  authority  to  modify  its  terms  inregard  to  time  of 
delivery,  or  any  other  of  its  material  elements. — Op.  IV,  Sept.  24,  1844,  p.  334. 

Cannot  be  renewed  and  extended  at  the  pleasure  of  a  head  of  a  Department. 
No  extension,  unless  for  a  period  fixed  as  an  alternative  in  the  proposals,  is  au- 
thorized or  sanctioned  by  law. — Op.  XIII,  175,  Dec.  4,  1869. 

An  act  directing  the  Secretary  of  tlie  Navy  to  enter  into  a  contract  is  not  a 
contract  per  se.  The  Secretary  makes  the  contract  and  may  vary  the  details. — 
Wallace,  VIII,  p.  358 ;  C.  C.  I,  28. 

"Where  the  Secretary  of  the  Navy  may  enter  into  a  contract  for  the  construc- 
tion of  a  vessel,  he  may  suspend  the  work  contracted  for  and  agree  with  the 
contractors  as  to  the  compensation  to  be  paid  for  the  partial  completion  of  the 
same.— C.C,  vol.  II,  p.  126;  Otto,  V,  91,  p.  321. 

"When  a  contract  is  closed  the  general  rule  is  that  it  must  be  executed  with- 
out change  of  terms,  which  are  not  subject,  in  general,  to  change  at  the  will  of 
either  party  or  of  both  parties. — Op.  X,  480.  Later  authorities  appear  to  favor 
the  exercise,  by  the  head  of  a  Department,  of  a  discretion  to  consent  to  modifi- 
cations of  detail,  in  the  course  of  the  execution  of  public  contracts,  when  such 
modifications  (not  being  in  contravention  oflaw)  are  found  to  be  for  the  public 
interest,  and  are  not  of  such  a  character  as  to  operate  to  the  pecuniary  disad- 
vantage of  the  United  States. — Winthrop's  Digest  cites  Otto  91,  p.  321,  and  Op. 
XV,  481. 

Where  Congress  authorized  the  examination  of  a  claim  and  appropriated  a 
sum  not  exceeding  a  fixed  amount  to  pay  it,  and  a  less  sum  was  found  due,  held 
that  the  appropriation  was  exliausted  when  latter  amount  was  paid. — Op.  IX, 
451.  See  Op.  IX,  449,  as  to  principles  governing  payment  of  money  to  a  citizen 
under  a  special  act  of  Congress. 

In  breach  of  contract  the  law  contemplates  two  elements  of  damage :  1,  losses 
sustained;  2,  gains  prevented. — C.  C.  "vll,  543.     Affirmed  by  S.  C. 

A  military  board  of  survey  is  an  ex  parte  tribunal ;  decision  not  binding  on 
a  contractor,  its  proceedings  not  evidence  against  him,  &c. — C.  C.  VIII,  p.  213. 
The  award  by  a  commission  on  a  contract,  can  be  refused  to  be  received,  or  the 
contractor  can  accompany  his  receipt  of  it  with  a  proper  protest. — Idem.  See 
also  C.  C.II,  95. 

The  sureties  of  a  contractor  are  not  responsible  for  fulfillment,  after  his  death, 
on  what  are  called  personal  contracts,  where  skill  or  taste  is  required. — Op.  VI 
p.  410. 

A  claim  for  damages  was  adjusted  by  the  appropriate  Department  on  a  basis 
to  which  the  contractor  agreed.  His  acceptance  .and  receipt,  in  full,  for  the 
sum  allowed  is  a  bar  to  his  suit  for  a  further  sum. — S.  C.  Otto,  104,  464.  See  also 
"Wallace,  XIV,  535. 

Rescinding  or  renouncing  contracts.  See  C.  C.  I,  61,  336;  III,  38;  V,  496;  A'll, 
331;  VIII,  67,  319.  Op.  X,  416.  Oovernment  delaying  or  preventing  perform- 
ance by  contractor.  See  C.  C,  IV,  258.  271;  IX,  p.  244.  Op.  XI,  26J.  Govern- 
ment requesting  alterations.  C.  C,  IX,  50;  Wallace,  XVII,  p.  592.  Willing- 
ness and  efforts  to  perform.  C  C,  VII,  93,  V,  490;  Wallace,  VIII,  77.  Fraudu- 
lent contracts.  Wallace,  VII,  463.  Set  offs.  Op.  IV,  380,  XI,  120.  C.  C.  XVII, 
39,  236,  322.  Fines  and  penalties.  Op.  IX,  3*2.  Erasures  and  substitution  of  items. 
C.  C.  II,  366;  Wallace,  VIII,  489.    Op.  XV,  226.    C.  C.  V,  215. 

Title  40.  Sec.  3648.  No  advance  of  public  money  shall  be  made  in  any  case 

Advances  of  ^l^^tever.  And  in  all  cases  of  contracts  for  the  performance  of  any 
public  money  on  Service,  or  the  delivery  of  articles  of  any  description,  for  the  use  of  the 
contracts.  United  States,  payment  shall  not  exceed  the  value  of  the  service  ren- 

dered, or  of  the  articles  delivered  previously  to  such  payment.     *     *     * 
31  Jan.,  1823,  s.  1,  v.  3,  p.  723. 

Title  43.  Sec.  3709.  All  purchases  and  contracts  for  supplies  or  services,  in  any 

; — '- of  the  Departments  of  the  Government,  except  for  personal  services, 

Advertisements  si|^ll  jje  made  by  advertising  a  sufficient  time  previously  for  proposals 
or  proposals.  respecting  the  same,  when  the  public  exigencies  do  not  require  the  im- 
mediate delivery  of  the  articles,  or  performance  of  the  service.  When 
immediate  delivery  or  performance  is  required  by  the  public  exigency, 
the  articles  or  service  required  may  be  x)rocured  by  open  purchase  or 
contract,  at  the  places  and  in  the  manner  in  which  such  articles  are  usu- 
ally bought  and  sold,  or  such  services  engaged,  between  individuals. 
[See  ^  3718.] 

2  March,  1861,  s.  10,  v.  12,  p.  220.  22  June,  1874,  v.  18,  p.  177. 
Note.— This  section  invests  the  officer  charged  with  the  duty  of  contracting 
for  supplies,  or  services,  with  discretion  to  dispense  with  advertising  if  the 
exigencies  of  the  service  require  immediate  delivery  or  peiformance. — C.  C.  VII, 
93:  S.  C.  Wallace,  VIII,  77.  See,  also,  Opi  III,  437;  C.  C.  I,  48;  VII,  84;  II,  96; 
IX,  291. 


CONTRACTS   AND    SUPPLIES.  •  25 

A  navy  paymaster  purchasing  under  iuat ructions  from  commanrting  officer, 
entitled  to  credit  for  sum  expended,  although  purchased  without  advertising.— 
C.  C.  XV,  247. 

Sec.  3710.  Whenever  proposals  for  supplies  have  beeii  solicited,  the     Opening  bids. 
^>arties  responding  to  such  solicitation  shall  be  duly  notified  of  the  time 
cand  place  of  opening  the  bids,  and  be  permitted  to  be  present  either  in 
person  or  by  attorney,  and  a  record  of  each  bid  shall  then  and  there  be 
made. 

31  Jan.,  1868,  8,  Ees.,  v.  16,  p.  246. 

NAVAL  SUPPLIES  GENERALLY. 

Sec.  3714.  All  purchases  and  contracts  for  supplies  or  services  for  tli^the^mUitary^or 
military  and  naval  service  shall  be  made  by  or  under  the  direction  oi  naval  service, 
the  chief  officers  of  the  Departments  of  War  and  of  the  Navy,  respect-  how  controlled, 
ively.     And  all  agents  or  contractors  for  supplies  or  service  as  afore- 
said shall  render  their  accounts  for  settlement  to  the  accountant  of  the 
proper  Department  for  Avhich  such  supplies  or  services  are  required, 
subject,  nevertheless,  to  the  inspection  and  revision  of  the  officers  of 
the  Treasury  in  the  manner  before  prescribed. 

16  July,  1798,  s.  3,  v.  1,  p.  6ip.  27  Feb.,  1877,  v.  19,  p.  249. 

Sec.  3718.  All  provisions,  clothing,  hemp,  and  other  materials  of  Naval  supplies 
every  name  and  nature,  for  the  use  of  the  Navy  {excepting  ordnance,  gun-  ^  ]^^  furnished 
jwivder,  or  medicines,  or  the  supplies  which  it  may  be  necessary  to  purchase  ^  t.<)ntract. 
out  of  the  United  States  for  vessels  on  foreign  stations ;  hunting,  cheese,  things 
contraband  of  ivar, preserved  meats,  pickles,  butter,  and  desiccated  vegetables, 
Jour,  fuel,  and  materials  for  boilers.  Sections  3721,  37*26,  3727,  3728,  3729, 
and  acts  of  June  14,  1878,  and  March  3,  1881],  and  the  transportation 
thereof,  when  time  will  permit,  shall  be  furnished  by  contract,  by  the 
lowest  bidder,  as  follows:  In  the  case  of  provisions,  clothing,  hemp, 
^nd  other  materials,  the  Secretary  of  the  Navy  shall  advertise,  once  a 
week,  for  at  least  four  weeks,  in  one  or  more  of  the  principal  papers 
l)ublished  in  the  place  where  such  articles  are  to  be  furnished,  for  sealed 
proposals  for  furnishing  the  same,  or  the  whole  of  any  partictilar  class 
thereof,  specifying  the  classes  of  materials  and  referring  bidders  to  the 
several  chiefs  of  Bureaus,  who  will  furnish  them  with  printed  sched-. 
ules,  giving  a  full  description  of  each  and  every  article,  with  dates  of 
■delivery,  and  so  forth.  In  the  case  of  transportation  of  such  articles, 
lie  shall  advertise  for  a  period  of  not  less  than  five  days.  All  such  pro- 
posals shall  be  kept  sealed  until  the  day  specified  in  such  advertisement 
for  opening  the  same,  when  they  shall  be  opened  by  or  under  the  direc- 
tion of  the  officer  making  such  advertisement,  in  the  presence  of  at  least 
two  persons.  The  person  ottering  to  furnish  any  class  of  such  articles, 
and  giving  satisfactory  security  for  the  performance  thereof,  under  a 
forfeiture  not  exceeding  twice  the  contract  price  in  case  of  failure,  shall 
receive  a  contract  for  furnishing  the  same.     [See  ^  3709.] 

3  March.  1843,  v.  5,  p.  617.  28  Sept.,  185n,  s.  1,  v.  9,  p.  513. 

5  Aug.,  1854,  8.  1,  v.  10,  p.  585.        17  Apr.,  1866,  s.  4,  v.  14,  p.  38. 

Notes. — The  acceptance  of  the  proposition  of  a  bidder  creates  a  contract  of 
"lie  same  force  and  effect  as  if  a  formal  contract  had  been  written  out  and 
^ioned  by  the  parties.— Otto,  93.  242.  C.  C,  XVII,  92.  See  Op.  XV,  648.  as  to 
time  in  which  bids  may  be  withdrawn. 

"When  a  party  furnishes  sureties  ami  binds  himself  for  the  performance  of  his 
bid,  if  accepted,  the  contract  becomes  mutual  and  binding  from  the  monient  of 
its  acceptance,  although  a  formal  written  contract  is  to  be  subsequently  exe- 
cuted.—C.  C,  vol.  I,  192. 

A  formal  notice  to  a  bidder  of  the  acceptance  of  his  bid  and  of  the  award  of 
the  contract  to  him,  is  beyond  recall,  and  binding  on  the  United  States  as  a 
completed  obligation.  An  award  thus  made  is  in  the  nature  of  a  jireliminary 
Gontract.— Op.  XV,  226. 

Head  of  Department  lias  power  in  advertising  for  proposals  to  reserve  "the 
jight  to  reject  any  and  all  bids  if,  in  his.judgment,  the  interests  of  the  Govern- 
ment require  it."  Right  of  lowest  bidder  perfect  against  others,  but  does  not 
exclude  the  counter  i-ight  of  the  head  of  the  Department  of  considering,  in  the 
interest  of  the  Government,  the  whole  subject,  and  deciding  whether  it  be  fit 
that  any  bid  should  be  accepted. — Op-  XIV,  682. 

The  sta  utory  advertisement  for  proposals  does  not  enlarge,  control,  or 
rhange  the  express  terms  of  the  contract,  and  is  to  be  con.sidered  as  merged 
therein.— C.  C,  V,  p.  416. 

The  advertisement  and  the  proposals  in  response  thereto  do  not  form  a  part 
of  the  subsequent  contract,  aiid  cannot  be  admitted  to  contradict  or  vary  the 
terms  thereof.- C.  C.  VIII,  SOL 

Under  a  contract  for  a  certain  quantity  of  an  aiticle,  or  more  if  required,  a 
Department  is  not  precluded  from  advertising  for  new  proposals  and  awarding 
a  contract  for  a  superior  article.  Not  obliged  to  receive  more  than  the  specified. 
j.uantity.-Op.  XVI,  183.    See  also  Op.  X,  93. 


26  •  CONTRACTS    AND    SUPPLIES. 

Gnarantee  of  Sec.  3719.  Every  proposal  for  naval  supplies  invited  by  the  Secretary 
^^*^-  of  the  Navy,  uader  the  preceding  section,  shall  be  accompanied  by  a 

written  gnarantee,  signed  by  one  or  more  responsible  persons,  to  the 
effect  that  he  or  they  undertake  that  the  bidder,  if^is  bid  is  accepted, 
will,  at  snch  time  as  may  be  prescribed  by  the  Secretary  of  the  Navy, 
give  bond,  with  good  and  snfficient  sureties,  to  furnish  the  supplies  pro- 
posed ;  and  no  proposal  shall  be  considered,  unless  accompanied  by  such 
guarantee.  If,  after  the  acceptance  of  a  proposal,  and  a  notification 
thereof  to  the  bidder,  he  fails  to  give  snch  bond  within  the  time  pre- 
scribed by  the  Secretary  of  the  Navy,  the  Secretary  shall  proceed  to 
contract  with  some  other  person  for  furnishing  the  supplies;  and  shall 
forthwith  cause  the  difference  between  the  amount  contained  in  the- 
proposal  so  guaranteed  and  the  amount  for  which^  he  may  have  con- 
tracted for  furnishing  the  supplies,  for  the  whole  period  of  the  proj^osaly 
to  be  charged  up  against  the  bidder  and  his  guarantor ;  and  the  same 
may  be  immediately  recovered  by  the  United  States,  for  the  use  of  the 
Navy  Department,  in  an  action  of  debt  against  either  or  all  of  such 
persons. 

10  Aug.,  1846,  s.  6,  V.  9,  p.  101. 

Tlecord  of  bid  Sec.  3720.  All  such  proposals  for  naval  supplies  shall  be  preserved 
and  report  t  o  ^j^^  recorded,  and  reported  by  the  Secretary  of  the  Navy  to  Congress  at 
Congress.  ^j^^  commencement  of  every  regular  session.     The  report  shall  contain 

a  schedule  embracing  the  offers  by  classes,  indicating  such  as  have  been 
accepted.     In  case  of  a  failure  to  supply  the  articles  or  to  perform  the 
work  by  the  person  entering  into  such  contract,  he  a»d  his  sureties  shall 
he  liable  for  the  forfeiture  specified  in  sach  contract,  as  liquidated  dam- 
ages, to  be  sued  for  in  the  name  of  the  United  States. 
3  March,  1843,  v.  5,  p.  617. 
Purchases  that      g^^.  3721.  The  provisions  which  require  that  supplies  shall  be  pur- 
wftlout  ad  vei^  chased  by  the  Secretary  of  the  Navy  from  the  lowest  bidder,  after  ad- 
tieing.  vertisement,  shall  not  apply  to  ordnance,  gunpowder,  or  medicines,  or 

the  supplies  which  it  may  be  necessary  to  y)urchase  out  of  the  United 
States  for  vessels  on  foreign  stations,  or  bunting  deliv^ered  for  the  use 
of  the  Navy,  or  tabacco,*  or  butter  or  cheese  destined  for  the  use  of  the 
Navy,  or  things  contral)and  of  war.  Contracts  for  butter  and  cheese 
for  the  use  of  the  Navy  may  be  made  for  periods  longer  than  one  year, 
if,  in  the  opinion  of  the  Secretary  of  the  Navy,  economy  and  the  quality 
of  the  ration  will  be  promoted  thereby.  The  Secretary  of  the  Navy  may 
enter  into  contracts  for  tobacco,*  from  time  to  time,  as  the  service  re- 
quires, for  a  period  not  exceeding  four  years;  and  in  making  such  con- 
tracts he  shall  not  be  restricted  to  the  lowest  bidder,  unless,  in  hi-s^ 
opinion,  economy  and  the  best  interests  of  the  service  will  be  thereby 
promoted.     [See  $  3718.] 

3  March,  1845,  s.  3,  v.  5,  p.  79i.        3  March,  1847,  s.  2,  v.  9.  p.  172. 
3  Aug.,  1848,  s.  11,  V.  9,  p.  272.         2  March,  1865,  s.  7,  v.  13,  p.  46T 

"Whatbidsmay  Sec.  3722.  The  chief  of  any  Bureau  of  the  Navy  Dapartment,  in  con- 
be  rejected.  tracting  for  naval  supplies,  shall  be  at  liberty  to  reject  the  offer  of  any 
person  who,  as  principal  or  surety,  has  been  a  defaulter  in  any  previous 
contract  with  the  Navy  Department.  Parties  who  have  made  default 
as  principals  or  sureties  in  any  form3r  contract  shall  not  be  received  as 
sureties  on  other  contracts ;  nor  shall  the  copartners  of  any  firm  be  re- 
ceived as  sureties  for  such  firm  or  for  each  other ;  nor,  in  contracts  with 
the  same  Bureau,  shall  one  contractor  be  received  as  surety  for  another. 
Every  contract  shall  require  the  delivery  of  a  specified  quantity,  an  d  no 
bids  having  nominal  or  fictitious  prices  shall  be  considered.  If  more 
than  one  bid  be  offered  by  any  one  party,  by  or  in  tlie  name  of  his  or 
their  clerk,  partner,  or  other  person,  all  such  bids  may  be  rejected ;  and 
no  person  shall  be  received  as  a  contractor  who  is  not  a  manufacturer  of, 

Openin2  bids,  or  regular  dealer  in,  the  articles  which  he  offers  to  supply.  All  persons, 
offering  bids  shall  have  the  right  to  be  present  when  the  bids  are  opened 
and  inspect  the  same. 

3  March,  1863,  s.  2,  v.  12,  p.  828. 

Contracts    for     Sec.  3723.  No  chief  of  a  Bureau  shall  make  any  contract  for  supplier 

fortfe  Nav?^^'^''  ^^^  *^®  Na^3^  to  be  executed  in  a  foreign  country,  except  it  be  ou  first 

^^^"       adv^ertising  for  at  least  thirty  days  in  two  daily  newspapers  of  the  city 

of  New  York,  inviting  sealed  bids  for  furnishing  the  supplies  desired  ; 

*  Tobacco  to  be  procured  after  advertisement.     See  act  of  March  3,  1881,  poit. 


CONTRACTS    AND    SUPPLIES.  27 

wbicli  bids  shall  be  opened  in  the  presence  of  the  Secretary  of  the  Navy 
and  the  heads  of  two  Bureaus;  and  contracts  shall  in  all  cases  be 
awarded  to  the  lowest  bidder ;  and  paymasters  for  the  Navy  on  foreign 
stations  shall  render,  when  practicable,  with  their  accounts,  an  official 
certificate  from  the  resident  consul,  or  commercial  or  consular  agent 
of  the  United  States,  if  there  be  one,  to  be  furnished  gratuitously,  vouch- 
ing that  all  purchases  and  expenditures  made  by  the  paymasters  were 
made  at  the  ruling  market-prices  of  the  place  at  the  time  of  purchase  or 
expenditure. 

.3  March,  1871,  s.  3,  v.  16,  p.  535. 

Sec.  3724.  Where  articles  are  advertised  and  bid  for  in  classes,  and    Rejection  of  ex - 
in  the  judgment  of  the  Secretary  of  the  Navy  any  one  or  more  articles  cessive  bitls. 
appear  to  be  bid  for  at  excessive  or  unreasonable  prices,  exceeding  ten 
per  centum  above  their  fair  market-value,  he  shall  be  authorized  to  re- 
ject such  bid. 

4  July,  1864,  s.  7,  v.  13,  p.  394, 

Sec.  3725.  All  hemp,  or  preparations  of  hemp,  used  for  naval  pur-     Hemp, 
poses  by  the  Government  of  the  United  States,  shall  be  of  American 
growth  or  manufacture,  when  the  same  can  be  obtained  of  as  good 
quality  and  at  as  low  a  price  as  foreign  hemp. 

14  July,  1862,  s.  11,  y.  12,  p.  554. 

Sec.  3726.  The  Secretary  of  the  Navy  is  authorized  to  procure  the      Preserved 
preserved  meats,  pickles,  butter,  and  desiccated  vegetables,  in  such  man-  meats,  &c. 
ner  and  under  such  restrictions  and  guarantees  as  in  his  opinion  will 
best  insure  the  good  quality  of  said  articles. 

18  July,  1861,  s.  7.  v.  12,  p.  265. 

Sec.  3727.  The  Secretary  of  the  Navy  is  authorized  to  purchase,  in     Flour     and 
such  manner  as  he  shall  deem  most  advantageous  to  the  Government,  bread, 
the  flour  required  for  naval  use;  and  to  have  the  bread  for  the  Navy 
baked  from  this  flour  by  special  contract  under  naval  inspection. 
3  March,  1863,  s.  4,  v.  12,  p.  818. 

Sec.  3728.  The  Secretary  of  the  Navy,  in  making  contracts  and  pur-     Home  manu- 
chases  of  articles  for  naval  purposes,  shall  give  the  preference,  all  other  facturestobepre- 
things,  including  price  and  quality,  being  equal, to  articles  of  the  growth,  ferred. 
production,  and  manufacture  of  the  United  States.     In  purchasing  fuel 
for  the  Navy,  or  for  naval  stations  and  yards,  the  Secretary  of  the  Navy    Fuel, 
shall  have  power  to  discriminate  and  purchase,  in  such  manner  as  he 
may  deem  proper,  that  kind  of  fuel  which  is  best  adapted  to  the  pur- 
pose for  which  it  is  to  be  used. 

28  Sept.,  1850,  s.  1,  v.  9,  pp.  513,  515. 

Sec.  3729.  The  Secretary  of  War,  the  Secretary  of  the  Navy,  and  the     Bunting. 
Secretary  of  the  Treasury  may  enter  into  contract,  in  open  market,  for 
bunting  of  American  manufacture,  as  their  respective  services  require, 
for  a  period  not  exceeding  one  year,  and  at  a  price  not  exceeding  that 
at  which  an  article  of  equal  quality  can  be  imported. 
2  March,  1865,  s.  7,  v.  13,  p.  467. 

Sec.  3730.  The  Secretary  of  the  Navy  may  relinquish  and  pay  all  res-   Eelinquishment 
ervations  of  the  ten  per  centum  upon  deliveries  made  under  contracts  ^^  ,  reseryahons. 
with  the  Navy  Department,  where  these  reservations  have  arisen  and^"  deliveries, 
the  contracts  have  been  afterward  extended,  or  where  the  contracts  have 
been  completed  after  the  time  of  delivery,  by  and  with  the  consent  of 
the  Department,  or  where  the  contracts  have  been  dissolved  by  the  like 
consent,  or  have  been  terminated,  or  an  extension  thereof  has  been  pre- 
vented by  operation  of  law,  where  no  injury  has  been  sustained  by  the 
public  service. 

17  June,  1844,  s.  5,  v.  5,  p.  703. 

Notes. — Where  a  contractor  failed  to  complete,  and  other  parties  did  it  on  much 
less  terms,  held  that  the  United  States  having  sustained  noloss,  the  original  con- 
tractor was  entitled  to  the  10  per  cent,  reservation,  but  not  to  the  profits  he 
would  have  made,  nor  to  the  dilference  between  the  contract  price  and  that 
which  others  were  paid.  [Some  special  provisions  were  in  this  contract.]  — 
Otto,  99,  p.  30. 

In  a  failure  to  fulfill,  neither  the  head  of  the  Department  nor  the  accounting 
officers  can  pay  the  reservations.  They  have  no  authority  to  adjust  claims  for 
damages  umler  contracts.  Congress  alone  can  afford  relief. — Op.  II.  481  :  IV, 
327;  Vr,  516.  Claim  for  unlitiuidated  damages,  breach  of  contract,  cannot  be 
entertained  by  the  accounting  officers.— Op.  XIV,  p.  24. 


28      .  CONTRACTS    AND    SUPPLIES. 

Contract  fully  perfonuod  aud  uo  daniag^  whatever  siistainiHl  by  Government. 
per  diem  forfeitaro  not  warrAuted. — Op.  XV,  p.  420. 

The  head  of  a  Dop  irtinmt  m  ly  waive  a  fbrfoitune  in  a  (msc,  of  good  faith  whf^re 
the  forfeiture  occurred  through  misfortune.  "  The  officers  of  the  Government 
are  not  bound,  from  the  nature  of  our  institutions,  to  perpetuatci  an  act  of  iu- 
iustice  in  the  name  of  the  United  States.     Op.  II,  p.  485." — Op.  XII,  p.  112. 

Xame   of  con-      Sec.  3731.  Every  person  wlio  shall  furnish  supplies  of  any  kiinl  to  the 

tractor  to  appear  Arniy  or  Navy  shall  be  required  to  mark  and  distinguish  the  same  with 

on  supplies.  ^^^  name  of  the  contractor  furnishing  sucli  supplies,  in  such  manner  as 

the  Secretary  of  War  and  the  Secretary  of  the  Navy  may,  respectively, 

direct;  and  no  supplies  of  any  kind  shall  be  received,  unless  so  marked 

and  distinguished. 

17  July.  1862,  s.  15,  v.  12,  p.  596. 

Unauthorized  Sec.  3732.  No  contractor  purchase  on  behalf  of  the  United  States 
contracts  prohib- shall  be  made,  unless  the  same  is  authorized  by  law  or  is  uuder  an 
*^'^'^'  appropriation  adequate  to  its  fultillment,  except  in  the  War  and  Navy 

Departments,  for  clothing,  subsis^^ence,  forage,  fuel,  quarters,  or  trans- 
portation, which,  however,  shall  not  exceed  the  necessities  of  the  cur- 
rent year. 

2  March,  1861,  s.  10,  v.  h,  p.  220. 

NoTK. — Contracts  for  clothing,  subsistence,  forage,  fuel,  quarters,  and  trans- 
portation may  be  made,  though  there  is  no  appropriation  adequate  to  the  ful- 
tillment of  the  contract  or  purchase,  not  to  exceed  the  necessities  of  the  current 
year.— Op.  XV,  124  and  209.    See  also  Op.  VI,  27. 

No  contract  to     Sec.  3733.  No  contract  shall  be  entered  into  for  the  erection,"  repair,  or 

•exceed  appropri-  furnishing  of  any  public  building,  or  for  any  public  improvement  which 

^^'^^^-  shall  bind  the  government  to  pay  a  larger  sum  of  money  than  the 

amount  in  the  Treasury  appropriated  for  the  specific  purpose.     [See 

^S  5503.] 

25  July,  1868,  s.  3,  v.  15,  p.  177. 

Kestrictions  on     Sec.  3734.  Before  any  new  buildings  for  the  use  of  the  United  States 
commencement  are  commenced,  the  plans  and  full  estimates  therefor  shall  be  prepared 
of  ne<r  buildings,  and  approved  by  the  Secretary  of  the  Treasury,  the  Postmaster-Gen- 
eral, and  the  Secretary  of  the  Interior ;  and  the  cost  of  each  building 
shall  not  exceed  the  amount  of  such  estimate.     [See  ^S  3663,  Appropria- 
tions, Part  III.] 

15  July,  1870,  V.  16,  p.  296. 

Contracts  lim-      Sec.  3735.  It  shall  not  be  lawful  for  anyof  the  Executive  Departments 
ited  to  one  year,  to  make  contracts  for  stationery  or  other  supplies  for  a  longer  term  than 
one  year  from  the  time  the  contract  is  made. 

31  Jan.,  1868,  Res.,  v.  15,  p.  246. 

24  March,  1874,  Res.,  v.  18,  p.  286.     [Modifying  as  to  certain  arti- 
cles under  Post-Office  Department.] 

Note.— The  head  of  a  department  is  the  competent  judge  of  the  matters  of 
fact  involved  in  the  aceptance  or  rejection  of  any  of  the  proposals  for  station- 
ary.—Op.  VI,  p.  226. 

Restriction  on  Sec.  3736.  No  land  shall  be  purchased  on  account  of  the  United  States, 
purchases  of  except  under  a  law  authorizing  such  purchase.  (See  Public  property 
^'^''^'  and  Buildings,  Part  III.) 

1  May,  1820,  s.  7,  v.  3,  p.  568. 

Xo  transfer  of  Sec.  3737.  No  contract  or  order,  or  any  interest  therein,  shall  be  trans- 
contracts,  ferred  by  the  party  to  whom  such  contract  or  order  is  given  to  any  other 
party,  and  any  such  transfer  shall  cause  the  annulment  of  the  contract 
or  order  transferred,  so  far  as  the  United  States  are  concerned.  All  rights 
of  action,  however,  for  any  breach  of  such  contract  by  the  contracting 
parties,  are  reserved  to  the  United  States. 
17  July,  1862,  s.  14,  v.  12,  p.  596. 

Notes.— This  section  (3737)  is  intended  simply  for  the  benefit  of  the  United 
States,  which  is  not  compelled  to  avail  itself  of  a  transfer  by  the  contractor,  but 
may  recognize  the  same  and  accept  and  pay  the  assignee. — Ops.  XVI,  p.  278  ; 
XV,  p.  236. 

Contracts  of  a  personal  nature,  importing  hip;}i  trust  and  confidence  in  con- 
tractors, cannot  be  assigned  or  transferred  without  the  consent  of  the  Depart- 
ment.— Op.  X,  p.  5. 

An  assignment  of  contract,  under  act  of  July  17,  1862,  is  void,  and  passes  no 
title,  legal  or  equitable.  An  assignment  of  a  claim  for  money  due  under  a  con- 
tract passes  title  to  the  money  due,  as  though  it  were  the  sale  of  a  chattel. — C. 
C,  IX,  p.  156.  See  also  C.  C,  V,  504. 


CONTRACTS    AND    SUPPLIES.  29 

Sec.  3738.  Eight  hours  shall  constitute  a  day's  work  for  all  laborers,     Eight  hours  to 
workmen,  and  mechanics  who  may  he  employed  by  or  on  behalf  of  the  "®  ^"^^  ^  work. 
Government  of  the  United  States.      [See  ^'  3689,  under  Appropria- 
tions. ] 

25  June,  1868,  v.  15,  p.  77. 
Sees.  C.  94,  400.     Op.  XII,  530;  XIII,  29,  424;   XIV,  37,  45,  128;  XVI,  58.    1882. 

CONGRESSMEN  AND   PUBLIC   OFFICERS  NOT    TO  UK   INTERESTED  IN  CON- 
TRACTS. 

Sec.  3739.  No  member  of  or  delegate  to  Congress  shall  directly  or       Title  43. 
indirectly,  himself,  or  by  any  other  person  in  trust  for  him,  or  for  his     Members    of 
use  or  benefit,  or  on  his  account,  undertake,  execute,  hold,  or  enjoy,  in  Congress  not  to 
whole  or  in  part,  any  contract  or  agreement  made  or  entered  into  in  be  interested  \n 
behalf  of  the  United  States,  by  any  officer  or  person  authorized  to  make  contracts, 
contracts  on  behalf  of  the  United  States.     Every  person  who  violates 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined 
three  thousand  dollars.    All  contf^acts  or  agreements  made  in  violation 
of  this  section  shall  be  void ;  and  whenever  any  sum  of  money  is  ad- 
vanced on  the  part  of  the  United  States,  in  consideration  of  any  such 
contract  or  agreement,  it  shall  be  forthwith  repaid;  and  in  case  of  re- 
fusal or  delay  to  repay  the  same,  when  demanded,  by  the  proper  officer 
of  the  Department  under  whose  authority  such  contract  or  agreement 
shall  have  been  made  or  entered  into,  every  person  so  refusing  or  de- 
laying, together  with  his  surety  or  sureties,  shall  be  forthwith  prosecuted 
at  law  for  the  recovery  of  any  such  sum  of  money  so  advanced. 
21  f  pril,  1808,  s.  1,  v.  2,  p.  484. 
Note. — Theie  is  no  law  preventing  government  officers.  Executive  branch, 
contracting  with  the  Government  in  matters  separate  from  their  offices  and  in 
no  way  connected  with  the  performance  of  their  official  duties,  nor  against  their 
acquiring  an  interest  in  contracts  after  they  are  procured.— Op.  XIV,  483. 

Sec.  3740.  Nothing  contained  in  the  preceding  section  shall  extend'     Wh.at  interest 
or  be  construed  to  extend,  to  any  contract  or  agreement,  made  or  entered  members  of  Con^ 
into,  or  accepted,  by  any  incorporated  company,  where  such  contract  ^^^'^'^  ™^^    ^^^' 
or  agreement  is  made  for  the  general  benefit  of  such  incorporation  or 
company ;  nor  to  the  purchase  or  sale  of  bills  of  exchange  or  other 
property  by  any  member  of  or  delegate  to  Congress,  where  the  same 
are  ready  for  delivery,  and  payment  therefor  is  made,  at  the  time  of 
making  or  entering  into  the  contract  or  agreement. 

21  April,  1808,  s.  2,  v.  2,  p.  484.  27  Feb.,  1877,  v.  19,  p.  249. 

Sec.  3741.  In  every  such  contract  or  agreement  to  be  made  or  entered  stipulation  that 
ifito,  or  accepted  by  or  on  behalf  of  the  United  States,  there  shall  be  "o    member    o  f 
inserted  an  express  condition  that  no  member  of  or  delegate  to  Congress  Congress  has  an. 
shall  be  admitted  to  any  share  or  part  of  such  contract  or  agreement,  "'  ^^^^  " 
or  to  any  benefit  to  arise  thereupon. 

21  April,  1808,  s.  3,  v.  2,  p.  484.        27  Feb.,  1877.  v.  19,  p.  249, 

Sec.  3742.  Every  officer  who,  on  behalf  of  the  United  States,  directly    Penalty  against 
or  indirectly  makes  or  enters  into  any  contract,  bargain,  or  agreement  officer  for  making 
in  writing  or  otherwise,  other  than  such  as  are  hereinbefore  excepted,  contract  with  a 
with  any  member  of  or  delegate  to  Congress,  shall  be  deemed  guilty  of  gress. 
a  misdemeanor,  and  shall  be  fined  three  thousand  dollars. 

21  April,  1808,  s.  4,  v.  2,  p.  484.        27  Feb.,  1877,  v.  19,  p.  249. 

MAKING  AND   DISPOSITION   OF   CONTRACTS. 

Sec.  3743.  All  contracts  to  be  made,  by  virtue  of  any  law,  and  requir-         Title  43. 
ing  the  advance  of  money,  or  in  any  manner  connected  with  the  settle-    Deposit  of  cou- 
ment  of  public  accounts,  shall  be  deposited  in  the  office  of  the  First  tracts. 
Comptroller  of  the  Treasury  of  the  United  States,  the  Second  Comp- 
troller of  the  Treasury  of  tlie  United  States,  or  the  Commissioner  of 
Customs,  respectively,  according  to  the  nature  thereof,  within  ninety 
days  after  their  respective  dates. 

16  July,  1798,  s.  6,  v.  1,  p.  GIO.         27  Feb.,  1877,  v.  19,  p.  249. 

Sec.  3744.  It  shall  be  the  duty  of  the  Secretary  of  War,  of  the  Secre-     Contracts  to  be- 
tary  of  the  Navy,  and  of  the  Secretary  of  the  Interior,  to  cause  and  re- '"  writing, 
quire  every  contract  made  by  them  severally  on  behalf  of  the  Govern- 
ment, or  by  their  officers  under  them  appointed  to  make  such  contracts, 
to  be  reduced  to  writing,  and  signed  by  the  contracting  parties  with 
their  names  at  the  end  thereof;  a  copy  of  which  shall  bo  filled  by  the 


30  CONTRACTS    AND    SUPPLIES. 

officer  making  and  signing  the  contract  iu  the  Returns  Office  of  the  De- 
partment of  the  Interior,  as  soon  after  the  contract  is  made  as  possible, 
and  within  thirty  days,  together  with  all  bids,  offers,  and  proposals  to 
him  made  by  persons  to  obtain  the  same,  and  with  a  copy  of  any  adver- 
tisement he  may  have  published  inviting  bids,  offers,  or  proposals  for 
the  same.  All  the  copies  and  papers  in  relation  to  each  contract  shall 
be  attached  together  by  a  ribbon  and  seal,  and  marked  by  numbers  in 
regular  order,  according  to  the  number  of  papers  composing  the  whole 
return.     [See  $$  512-515,  j)08/.] 

2  June,  1862,  s.  1,  v.  12,  p.  411. 

INOTES.— The  requirement  in  section  3744,  "  to  be  reduced  to  writing  and  signed 
by  the  contracting  parties,"  is  mandatory  and  obligatory  on  contractors  and 
Officers.  Oralagreement  void  as  an  executory  contract. — C. C,  IV,  p.  75,  and  V,  p. 
65,  338. 

This  section  is  not  infringed  by  the  proper  officer  having  charge  of  such  mat- 
ter accepting  delivery  of  supplies  after  the  day  stipulated,  nor  is  a  verbal 
agreement  to  extend  the  time  of  performance  invalid. — Wallace,  XIX,  p.  17  ; 
C.  C,  IX,  54.  When  an  "  emergency"  is  declared,  need  not  be  in  writing. — C. 
C,  IX,  187  and  291. 

Oath  to  con-     Sec.  3745.  It  shall  be  the  further  duty  of  the  officer,  before  making 

tract.  iiis  return,  according  to  the  i»receding  section,  to  affix  to  the  same  his 

affidavit  in  the  following  form,  sworn  to  before  some  magistrate  having 

authority  to  administer  oaths:  "I  do  solemnly  swear  (or  affirm)  that 

the  copy  of  contract  hereto  annexed  is  an  exact  copy  of  a  contract  made 

,  by  me  personally  with ;  that  I  made  the  same  fairly  without  any 

benefit  or  advantage  to  myself,  or  allowing  any  such  benefit  or  advan- 
tage corruptly  to  the  said  ,  or  any  other  person ;  and  that  the 

papers  accompanying  include  all  those  relating  to  the  said  contract,  as 
required  by  the  statute  in  such  case  made  and  provided." 
Ibid.,  8.  2. 

Peua  1 1  y  f  o  r  Sec.  3746.  Every  officer  who  makes  any  contract,  and  fails  or  neglects 
omitting  returns,  to  make  return  of  the  same,  according  to  the  provisions  of  the  two  pre- 
ceding sections,  unless  from  unavoidable  accident  or  causes  not  within 
his  control,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  lined 
not  less  than  one  hundred  dollars  nor  more  than  five  hundred,  and  im- 
prisoned not  more  than  six  months. 
Ibid.,  s.  3. 

Instructions.  Sec.  3747.  It  shall  be  the  duty  of  the  Secretary  of  War,  of  the  Secre- 
tary of  the  Navy,  and  of  the  Secretary  of  the  Interior  to  furnish  every 
officer  appointed  by  them  with  authority  to  make  contracts  on  behalf  of 
the  Government  with  a  printed  letter  of  instructions,  setting  forth  the 
duties  of  such  officer,  under  the  two  preceding  sections,  and  also  to  fur  ■ 
uish  therewith  forms,  printed  in  blank,  of  contracts  to  be  made,  and  the 
affidavit  of  returns  required  to  be  affixed  thereto,  so  that  all  the  instru- 
ments may  be  as  nearly  uniform  as  possible. 
Ibid.,  s.  5. 

Title  11,  t'hap.  8.     Sec.  512.  The  Secretary  of  the  Interior  shall  from  time  to  time  provide 

tTT rvffi — ~  ^  proper  apartment,  to  be  called  the  Returns  Office,  in  which  he  shall 

lietumsOthce.  ^^^^^  ^^  ^^^  ^^ed  the  returns  of  contracts  made  by  the  Secretary  of  War, 
the  Secretary  of  the  Navy,  and  the  Secretary  of  the  Interior,  and  shall 
appoint  a  clerk  of  the  first  class  to  attend  to  the  same. 
Clerk  to  file  re-      Sec.  513.  The  clerk  of  the  Returns  Office  shall  file  all  returns  made 
t"™8.  to  the  Office,  so  that  the  same  may  be  of  easy  access,  keeping  all  returns 

made  by  the  same  officer  in  the  same  place,  and  numbering  them  in  the 
order  in  which  they  are  made. 
Index  book.  Sec.  514.  The  clerk  of  the  Returns  Office  shall  provide  and  keep  an 

index-book,  with  the  names  of  the  contracting  parties,  and  the  number 
of  each  contract  opposite  to  the  names;  and  shall  submit  the  index-book 
and  returns  to  any  person  desiring  to  inspect  it. 
Copies    of   re-      Sec.  515.  The  clerk  ofthe  Returns  Office  shall  furnish  copies  of  such 
*"  '°«*-  returns  to  any  person  paying  therefor  at  the  rate  of  five  cents  for  every 

one  hundred  words,  to  Avhich  copies  certificates  shall  be  appended  in 
every  case  by  the  clerk  making  the  same,  attesting  their  correctness, 
and  that  each  copy  so  certified  is  a  full  and  complete  copy  of  the  return. 
2  June,  1862,  ss.  2,  4,  v.  12,  p.  412. 


V 

CONTRACTS    AND    SUPPLIES.  31 

ERECTION,  REPAIH,  AND  RENT  OF  IJUILDINGS. 

Sec.  5503.  Every  officer  of  the  Government  who  knowingly  contracts  Title 70, Chap,  g 

for  the  erection,  repair,  or  furnishing  of  any  public  building,  or  for  any     Contract iu  g 
public  inipiovenient,  to  pay  a  larger  amount  than  the  specific  sum  ap- b^-Vond    specitio 
propriated  for  such  purpose,  shall  be  punished  by  imprisonment  not  less  appropriation, 
than  six  months  nor  more  than  two  years,  and  shall  pay  a  fine  of  two 
thousaiul  dollars.     [See  ^^  i^S  3733,  3734.] 
25  July,  1868,  8.  3,  v.  15,  p.  177. 
Hereafter  no  contract  shall  be  made  for  the  rent  of  any  building,  or    3  March,  1877. 
juirt  of  any  building,  to  be  used  for  the  purposes  of  the  Government  in     Contract    for 
the  District  of  Columbia,  until  an  appropriation  therefor  shall  have  been  i«nt  of  buildings 
made  in  terms  by  Congress,  and  tliat  this  clause  be  regarded  as  notice  ^5p*^®  District 
to  all  contractors  or  lessors  of  any  such  building  or  any  part  of  build-  ^     ^  umbia. 
ing. 

22  June,  1874,  v.  18,  p.  133.        3  March,  1877,  v.  19,  p.  370.  • 

And  where  buildings  are   rented  for  public  use  in  the  District  of    15  June,  1880. 
•Columbia,  the  Executive  Departments  are  authorized,  whenever  it  shall     Rent  of  build- 
be  advantageous  to  the  public  interest,  to  rent  others  iu  their  stead :  ings. 
Provided,  That  no  increase  iu  the  number  of  buildings  now  in  use,  nor 
iu  the  amounts  paid  for  rents,  shall  result  therefrom.*  ' 

15  June,  1880,  v.  21,  p.  228.        5  Aug.,  1882,  P.  E.  L.,  241,  ch.  389. 

BOILER  MATERIALS. 

That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  authorized  to    W  June,  1878. 
purchase,  at  the  lowest  market  price,  such  plate  iron  and  other  material    Materials    for 
as  may  enter  into  the  construction  of  steam  boilers  for  the  'Navy  with-  steam  boilers, 
out  advertising  for  bids  to  furnish  the  same :  Provided,  That  he  shall     Notice  to  deal- 
cause  to  be  sent  to  the  principal  dealers  and  manufacturers  of  iron  and  ers. 
such  other  materials  as  may  be  required,  specifications  of  the  quality, 
description,  and  character  of  such  iron  and  materials  so  required:  And     Tests. 
provided  further,  That  such  plate  iron  and  materials  shall  be  subjected 
to  the  same  tests  and  inspection  as  now  provided  for,  and  which  in- 
spection and  tests  shall  be  made  publicly  and  in  presence  of  such  bid- 
ders or  tlieir  authorized  agents  as  may  choose  to  attend  at  the  making 
thereof. 

14  June,  1878,  v.  20,  p.  253. 

TOBACCO. 

That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  directed  to    3  March,  1881, 
cause  all  purchases  of  tobacco  for  tlie  use  of  the  Navy  to  be  made  in  the  '^ZT  :     ' 

city  of  Washington,  and  as  follows  :  purchaS. 

in  the  mouth  of  February  or  March  of  each  year  the  Secretary  of  the 
]Navy  shall  cause  proposals  for  bids  for  supplying  the  Navy  with  tobacco 
during  the  next  year  to  be  advertised  thirty  days  in  one  daily  newspaper 
in  each  of  the  cities  of  New  York,  Harrisburg,  Pennsylvania,  Baltimore, 
Richmond,  Raleigh,  North  Carolina,  Saint  Louis,  Louisville,  Nashville, 
Hartford,  Connecticut,  Detroit,  Cairo,  Illinois,  and  Chicago;  said 
tobacco  to  be  manufactured  during  the  months  of  June,  July,  August, 
and  September;  the  bids  to  be  accompanied  by  samples  of  the  tobacco 
which  each  bidder  may  propose  to  furnish.  The  lowest  bid  for  furnish- 
ing tobacco  equal  to  the  United  States  Navy  standard  now  in  use  shall 
be  accepted. 

3  March,  1881,  v.  21,  p.  509. 

COTTON   CORDAGE. 

That  the  Secretary  of  the  Navy  be  authorized  and  directed  to  intro-    lo  Juno,  1880. 

•duce  into  the  naval  service  rope  and  cordage  manufactured  of  cotton — 

according  to  the  recent  methods  to  such  an  extent  as  will  furnish  a  ^^j^^^*^*^^^''*^*^® 
fair  test  of  the  value  and  efficiency  thereof  as  compared  with  the  kinds  ^^     ^      ^^' 
310W  in  use:  Provided,  however,  That  no  j)erson  shall  have  any  claim 
whatever  against  the   United    States  or  any  department  thereof  or 
receive  any  compensation  therefor. 

10  June,  1880,  v.  21.  p.  172. 


The  act  of  Auffiist  5,  1882,  required  the  heads  of  the  Departments  to  submit  a 
statement  of  buildings  rented,  and  estimates  for  the  year  ending  30  June,  1884,  for 
rental. 


32  CONTRACTS    AND    SUPPLTKS. 


LIFE-SAVING   DRESS. 

3  March,  1883.        The  Secretary  of  the  Navy  is  authorized  and  empowered,  within  his- 

-r -f 7-    _ discretion,  to  constitute  and  introduce,  as  a  portion  of  the  equipment 

dress.  ®'^""*'^°^of  the  Navy,  the  life-saving  dress  adopted  and  approved  by  the  Life^ 
Saving  Service  of  the  United  States. 

3  March,  1883,  ch.  97,  P.  E.  L.,  p.  475.     [Xaval  appropriation  act.] 

TORPEDOES. 

Torpedoes.  For  the  purchase  and  manufacture,  after  full  investigation  and  test 

in  the  United  States  under  the  direction  of  the  Secretary  of  the  Navy,, 
of  torpedoes  adapted  to  naval  warfare,  or  of  the  right  to  manufacture 
the  same  and  for  the  tixtures  and  machinery  neces.sary  for  operating 
the  same,  one  hundred  thousand  dollars:  Provided,  That  no  part  of 
said  money  shall  be  expended  for  the  purchase  or  manufacture  of  any 
torpedo  or  of  the  right  to  manufacture  the  same  until  the  same  shall 
have  been  approved  by  the  Secretary  of  the  Navy,  after  a  favorable 
report  to  be  made  to  him  by  a  board  of  naval  officers  to  be  created  by  him 
to  examine  and  test  said  torpedoes  and  inventions. 
Idein. 

SMALL  STORES   FUND. 

14  Feb.,  1879.        From  and  after  the  first  day  of  April,  eighteen  hundred  and  seventy- 

_ nine,  the  value  of  issues  of  small  stores  shall  be  credited  to  a  fund  to  her 

Small  stores  designated  as  the  "small  stores  fund",  in  the  same  manner  as  the  value 
''^  of  the  issues  of  clothing  is  now  credited  to  the   "  clothing  fund" ;  the 

resources  of  the  fund  to  be  used  hereafter  in  the  purchase  of  supplies 
of  small  stores  for  issue.     *     *     * 

14  Feh.,  1879,  v.  20,  p.  284. 

INSPECTION   OF  FUEL. — DISTRICT  OF  COLUMBIA. 

Title  43.  Sec.  3711.  It  shall  not  be  lawful  for  any  officer  or  person  in  the  civile 

military,  or  naval  service  of  the  United  States  in  the  District  of  Colum- 
j  ..        -.bia  to  purchase  anthracite  or  bituminous  coal  or  wood  for  the  public 

fneHn^*istiict  of  service  except  on  condition  that  the  same  shall,  before  delivery,  be  in- 
Columhia.  spected  and  weighed  or  measured  by  some  competent  person  to  be  ap- 

pointed by  the  head  of  the  Department  or  chief  of  the  branch  of  the 
service  for  which  the  purchase  is  made.  The  person  so  appointed  shall,. 
Appointment  of  X)efore  entering  upon  the  duty  of  inspector,  weigher,  and  measurer,  and 
inspectors,  &c.  ^^^  ^^^  satisfaction  of  the  appointing  officer,  give  bond,  with  not  less 
than  two  sureties,  in  the  penal  sum  of  five  thousand  dollars,  and  with 
condition  that  each  ton  of  coal  weighed  by  him  shall  consist  of  two  thou- 
sand two  hundred  and  forty  pounds,  and  that  each  cord  of  wood  to  be 
so  measured  shall  be  of  the  standard  measure  of  one  hundred  and  twen- 
ty-eight cubic  feet.  The  inspector,  weigher,  and  measurer  so  appointed 
shall  be  entitled  to  receive  from  the  venders  of  fuel  weighed  and  meas- 
ured by  him  twenty  cents  for  each  ton  of  coal  weighed,  and  nine  cents 
for  each  cord  of  wood  measured  by  him.  Each  load  or  parcel  of  wood 
or  coal  weighed  and  measured  by  him  shall  be  accompanied  by  his  cer- 
tificate of  the  number  of  tons  or  pounds  of  coal  and  the  number  of  cords, 
or  parts  of  cords  of  wood  in  each  load  or  parcel. 
11  July,  1870,  s.  1,  V.  16,  p.  229. 

Accounting  offi-      Sec.  3712.  The  proper  accounting  officer  of  the  Treasury  shall  be  fur- 
cer  to  be  notified,  nished  with  a  copy  of  the  appointment  of  each  inspector,  weigher,  and 
measurer  appointed  under  the  preceding  section. 
Ibid.,  8. 2. 

No  payment     Sec.  3713.  It  shall  not  be  lawful  for  any  accounting  officer  to  pass  or 

without  certifi-  allow  to  the  credit  of  any  disbursing  officer  in  the  District  of  Columbia 

*^***'"  any  money  paid  by  him  for  purchase  of  anthracite  or  bituminous  coal 

or  for  wood,  unless  the  voucher  therefor  is  accompanied  by  a  certificate 

of  the  proper  inspector,  weigher,  and  measurer  that  the  quantity  paid 

for  has  been  determined  by  such  officer. 

Ibid. 


DESERTERS   AND    DESERTION. 


33 


DESERTERS  AIS^D  DESERTIOK 


Sec. 

1420.  Deserters  not  to  be  enlisted. 
1553.  Enticing  persons  to  desert. 
1624.  Punishment  for  desertion,  enlisting  desert- 
ers, &c. 
1996.  Citizenship  forfeited. 


Sec. 

1997.  When  not  to  be  held  as  a  deserter. 

1998.  Avoiding  draft. 

4749.  Certain  soldiers  and  sailors  not  to  be  deemed 

deserters. 
5455.  Enticing  desertion,  harboring  deserters. 


Sec.  1420.  No    *    *     *     deserter  from  the  naval  or  military  service  Title  15,  Chap.  1^ 
of  the  United  States  shall  be  enlisted  in  the  naval  service.  Deserters   not 

3  March,  1865,  s.  18,  v.  13,  p.  490.  to  be  enlisted. 

Sec.  1553.  Any  person  who  shall  entice  or  procure,  or  attempt  to  en-  Title  15,  Chap.  7. 
tice  or  procure,  any  seaman  or  other  person  in  the  naval  service  of  the    Enticing    per- 
United  States,  or  who  has  been  recruited  for  such  service,  to  desert  sons  to  d^ert. 
therefrom,  or  who  shall  in  anywise  aid  or  assist  any  such  seaman  or 
other  person  in  deserting,  or  in  attempting  to  deser*  from  such  service, 
or  who  shall  harbor,  conceal,  protect,  or  m  anywise  assist  any  such  sea- 
man or  other  person  who  may  have  deserted  from  said  service,  know- 
ing him  to  have  deserted  therefrom,  or  who  shall  refuse  to  give  up  and 
deliver  such  person  on  the  demand  of  an  officer  authorized  to  receive 
him,  shall  be  punished  by  imprisonment  for  not  less  than  six  months 
nor  more  than  three  years,  and  by  fine  of  not  more  than  two  thousand 
dollars,  to  be  enforced  in  any  court  of  the  United  States  having  juris- 
diction. 

1  July,  1864,  V.  13,  p.  343. 

Sec.  1624.     *  *  *  *  *  *  '^  Title  15, Chap.lO. 

Art.  4.  The  punishment  of  death,  or  such  other  punishment  as  a    ^^^  ~^ 

court-martial  may  adjudge,  maybe  inflicted  on  any  person  in  the  naval  ighable  by  death, 
service — 

^ho  ****#** 

Sixth.     *       *     ,  in  time  of  war,  deserts  or  entices  others  to  desert ;       Desertion     in 

time  of  war. 
Seventh.     *         *         ,  in  time  of  war,  deserts  or  betrays  his  trust,  or    Deserting  trust. 
entices  or  aids  others  to  desert  or  betray  their  trust ; 

17  July,  1862,  s.  1,  v.  12,  p.  600.  23  April,  1800,  art.  17,  v.  2,  p.  47. 

Art.  8.  Such  punishment  as  a  court-martial  may  adjudge  may  be 
inflicted  on  any  person  in  the  Navy — 

who  #  #  *  *  #  *  * 

Twenty-first.  *     *     in  time  of  peace,  deserts  or  attempts  to  desert, 
or  aids  and  entices  others  to  desert ; 

Twenty-second.  Or  receives  or  entertains  any  deserter  from  any  other    Harboring    de- 
vessel  of  the  Navy,  knowing  him  to  be  such,  and  does  not,  with  all  con-  sorters, 
venient  speed,  give  notice  of  such  deserter  to  the  commander  of  the  ves- 
sel to  which  he  belongs,  or  to  the  commander-in-chief,  or  to  the  com- 
niauder  of  the  squadron. 

17  July.  1862,  s.  1,  v.  12,  p.  600.  23  April,  1800,  v.  2,  p.  47. 

Art.  9.  Any  officer  who  absents  himself  from  his  command  without     Officers  absent 
leave,  may,  by  the  sentence  of  a  court-martial,  be  reduced  to  the  rating  without  leave, 
of  an  ordinary  seaman. 

16  May,  1864,  s.  2,  v.  13,  p.  75. 

Art.  10.  Any  commissioned  ofificer  of  the  Navy  or  Marine  Corps  who.     Desertion     by 
having  tendered  his  resignation,  quits  his  post  or  proper  duties  without ''^"'^Siiation. 
leave,  and  with  intent  to  remain  permanently  abseut  therefrom,  prior 
to  due  notice  of  the  acceptance  of  such  resignation,  shall  be  deemed 
and  punished  as  a  deserter. 

5  Aug.,  1861,  s.  2,  T.  12,  p.  316. 

Art.  19.  Any  officer  who  knowingly  enlists  into  the  naval  service  any 
deserter  from  the  naval  or  military  service  of  the  United  States 
*    shall  be  punished  as  a  court-martial  may  direct. 

3  March,  1865,  s.  18,  v.  13,  p.  490.  12  May,  1879,  v.  21,  p.  3. 

Sec,  1996.  All  persons  who  deserted  the  military  or  naval  service  of 

the  United  States  and  did  not  return  thereto  or  report  themselves  to  a  — : rr 

provost-marshal  within  sixty  days  after  the  issuance  of  the  proclamation  zens^forfefted  for 
by  the  President,  dated  the  11th  day  of  March,  1365,  are  deemed  to  have  deserUon  &o. 
11181 3 


Desertion       in 
time  of  peace. 


Enlisting 
serters. 


de- 


Title  25. 


34  DESERTERS    AND    DESERTION. 

voluntarily  relinquished  and  forfeited  their  rights  of  citizenship,  as  well 
as  their  right  to  become  citizens ;  and  such  deserters  shall  be  forever  in- 
capable of  holding  any  office  of  trust  or  jnofit  under  the  United  States^ 
or  of  exercising  any  rights  of  citizens  thereof. 
3  March,  1865,  s.  21,  V.  13,  p.  490. 

Certain  soldiers      Sec.  1997.  No  soldier  or  sailor,  however,  who  faithfully  served  accord- 
and  sailors  uot  to  ing  to  his  enlistment  until  the  19th  day  of  April,  18b5,  and  who,  without 
incur  the  forfeit-  proper  authority  or  leave  first  obtained,  quit  his  command  or  refused  to 
Section.      ^         serve  after  that  date,  shall  be  held  to  be  a  deserter  from  the  Army  or 
Navy  ;  but  this  section  shall  be  construed  solely  as  a  removal  of  any 
disability  such  soldier  or  sailor  may  have  incurred,  under  the  preceding 
section,  by  the  loss  of  citizenship  and  of  the  right  to  hold  office,  in  con- 
sequence of  his  desertion.     [See  $  4749.] 
19  July,  1867,  v.  15,  p.  14. 

Avoiding    the      Sec.  1998.  Every  person  who  hereafter  deserts  the  military  or  naval 
draft.  service  of  the  United  States,  or  who,  being  duly  enrolled,  departs  the 

jurisdiction  of  the  district  in  which  he  is  enrolled,  or  goes  beyond  the 
limits  of  the  United  States,  with  intent  to  avoid  any  draft  into  the 
military  or  naval  service,  lawfully  ordered,  shall  be  liable  to  all  the 
penalties  and  forfeitures  of  section  nineteen  hundred  and  ninety -six. 
3  March,  1865,  s.  21,  v.  13,  p.  490. 

Title  57.  Sec.  4749.  No  soldier  or  sailor  shall  be  taken  or  held  to  be  a  deserter 

— - — — TT. —  from  the  Army  or  Navy  who  faithfully  served  according  to  his  enlist- 

and  sailors  not  to  i^ent  until  the  nineteenth  day  of  April,  eighteen  hundred  and  sixty-five, 
be  deemed  de-  and  who,  without  proper  authority  or  leave  first  obtained,  quit  his  com- 
serters,  &c.  mand  or  refused  to  serve  after  that  date;  but  nothing  herein  contained 

shall  operate  as  a  remission  of  any  forfeiture  incurred  by  any  such  sol- 
dier or  sailor  of  his  pension ;  but  this  section  shall  be  construed  solely 
as  a  removal  of  any  disability  such  soldier  or  sailor  may  have  incurred 
by  the  loss  of  his  citizenship  in  consequence  of  his  desertion.  [See 
$  2438,  Bounty  Lakd,  Part  IV.] 

19  July,  1867,  v.  15,  p.  14. 

Title  70,  Cliap.  5.  Sec.  5455.  Every  person  who  entices  or  procures,  or  attempts  or  eu- 
Enticingdeser-  leavers  to  entice  or  procure,  any  soldier  in  the  military  service  of  the 
tions  from  the  United  States,  or  who  has  been  recruited  for  such  service,  to  desert  there- 
military  or  naval  from,  or  who  aids  any  such  soldier  in  deserting  or  attempting  to  desert 
service.  from  such  service,  or  who  harbors,  conceals,  protects,  or  assists  any  such 

soldier  who  may  have  deserted  from  such  service,  knowing  him  to  have 
deserted  therefrom,  or  who  refuses  to  give  up  and  deliver  such  soldier 
on  the  demand  of  any  officer  authorized  to  receive  him,  shall  be  pun- 
ished by  imprisonment  not  less  thau  six  months  nor  more  than  two 
years,  and  by  a  fine  not  exceeding  five  hundred  dollars;  and  every  per- 
son who  entices  or  procures,  or  attempts  or  endeavors  to  entice  or  pro- 
cure, any  seaman  or  other  person  in  the  naval  service  of  the  United 
States,  or  who  has  been  recruited  for  such  service,  to  desert  therefrom, 
or  who  aids  any  such  seamen  or  other  person  in  deserting  or  in  attempt- 
ing to  desert  from  such  service,  or  who  harbors,  conceals,  protects,  or 
assists  any  such  seaman  or  other  person  who  may  have  deserted  from 
such  service,  knowing  him  to  have  deserted  therefrom,  or  who  refuses 
to  give  up  and  deliver  such  sailor  or  other  person  on  the  demand  of 
any  officer  authorized  to  receive  him,  shall  be  punished  by  imprison- 
ment not  less  than  six  months  nor  more  than  three  years,  and  by  a 
fine  of  not  more  than  two  thousand  dollars,  to  be  enforced  in  any  court 
of  the  United  States  having  jurisdiction. 

3  March,  18C3,  s.  24,  v.  12,  p.  735. 

1  July,  1864,  V.  13,  p.  343. 

27  February,  1877,  v.  19,  p.  253. 

Notes.— The  President  may  grant  conditional  pardon  for  desertion ;  may  re- 
mit a  part  of  the  penalty  or  punishment  -without  remitting  the  whole ;  may  re- 
enfranchise  without  giving  right  to  forfeited  pay.— Op.  XIV,  124. 

If  pay  forfeited  or  a  fine  has  passed  into  the  Treasury,  by  a  covering  warrant 
or  otherwise,  neither  can  be  released  without  authority  of  Congress. — Op.  VIll, 
281;  XIV,  599;  and  XVI,  1. 

Desertion  is  a  continuing  offense.  Limitation  to  trial  begins  to  run  from  com- 
mencement of  the  offense,  except  where,  by  reason  of  "manifest  impediment," 
the  accused  is  not  amenable  to  justice  within  two  years  from  that  time.  In  such 
a  case  it  runs  from  the  removal  of  the  impediment.  Continuing  commission 
limited  by  the  obligation  to  serve  under  engagement.  When  that  ceases  the 
commission  terminates  in  cases  uot  excepted.     "Amenable"  signifies  withia 


DISMISSAL   AND    RESIGNATION    OF    OFFICERS.  35 

the  reach  and  power  of  the  military  authorities  to  bring  tp  trial.— Op.  XV,  p.  152, 
Taft,  Sept.  1,  1876. 

Where  forfeiture  or  loss  of  pay  is  made  part  of  a  sentence,  in  addition  to  con- 
finement or  suspension  from  duty,  the  former  may  be  remitted  by  the  proper 
authority,  in  whole  or  in  part,  without  also  remitting  the  latter.— Op.  XV,  p. 
175,  Taft,  Nov.  9,  1876. 

Foifeiture  by  desertion  does  not  include  money  of  the  deserter  found  in  pos- 
session of  or  deposited  with  paymaster.— Op.  XIII,  p.  210,  Hoar,  Feb.  8,  1870. 

Tlie  honorable  discharge  of  a  'soldier  is  a  formal,  final  judgment  passed  by  the 
Government  on  his  entire  military  record,  and  au  authoritative  declaration  that 
he  left  the  service  in  a  status  of  honor.  As  snch  it  relieves  him  from  a  charge 
of  desertion  appearing  on  the  rolls.  Does  not  restore  pay  and  allowances  for- 
feited by  sentence  of  a  military  court-martial  for  desertion. — Court  of  Claims, 
VIII,  liO;  IX,  190;  Wallace, XV,  34. 

A  seaman  charged  before  a  court-martial  with  desertion  may  be  found  guilty 
of  attempting  to  desert. —Howard,  20,  p.  65. 

In  a  trial  for  theft  aud  desertion,  sentence  and  conviction  disapproved  and 
prisoner  restored  to  duty.  Action  of  reviewing  officer  in  effect  an  acquittal  by 
the  court.  No  authority  to  withhold  pay  on  account  of  alleged  desertion. — Op. 
XIII,  p.  459,  Bristow,  June  21, 1871. 

DISMISSAL  A:N^D  EESIGNATIOK  OF  OFFICERS. 

See  Addenda,  Part  I. 


Sec. 

1229.  Dismissal  in  time  of  peace. 

1441.  Officers  dismissed  or  resigning  to  escape  dis- 


1624.  Dismissal  of  officers.    Art.  36. 


Sec. 

1624.   Officers   dismissed  by  President   may  de- 
mand trial.     Art.  37.  -  _ 

Act  amending  article  37. 

Failing  in  examination. 


Sec.  1229.     *    *    *    No     *     ■     *     *     officer  in  tlie  military,  or  naval  Htle  14,  Chap.  1. 
service  shall  in  time  of  peace  be  dismissed  from  service  except  upon 
and  in  pursuance  of  the  sentence  of  a  court-martial  to  that  effect,  or 
in  commutation  thereof. 

15  July,  1870,  s.  17,  v.  16,  p.  319.     13  July,  1866,  s.  5,  v.  14,  p.  92. 

[Section  1230  of  the  Revised  Statutes  is  almost  the  same  as  art.  37, 
sec.  1624,  except  the  words  ''since  3d  March,  1865,"  are  omitted.] 

Sec.  1441.  No  officer  of  the  Navy  who  has  been  dismissed  by  the  sen-  Title  15,  iDhap.'i. 

tence  of  a  court-martial,  or  suffered  to  resign  in  order  to  escape  such  rr~; 

dismissal,  shall  ever  again  become  an  officer  of  the  Navy.  missed^r  resign- 

16  July,  1862,  s.  11,  v.  12,  p.  585.  ing     to      escape 

Note. — Congress  did  not  intend  by  this  clause  to  preclude  the  President  from 
reappointing  officers  dismissed  by  sentence  of  court-martial  to  whom  he  has 
extended  a  pardon.  Pardon  purges  the  offense,  but  does  not  of  itself  restore  lost 
position.— Op.  XI,  p.  19,  March  12, 1864. 

Sec.  1624,  Art.  36.  No  officer  shall  be  dismissed  from  the  naval  service  Title  t5,Chap.lO. 

except  by  the  order  of  the  President  or  by  sentence  of  a  general  court-     Dismissal     of 
martial ;  and  in  time  of  peace  nO  officer  shall  be  dismissed  except  in  officers, 
pursuance  of  the  sentence  of  a  general  court-martial  or  in  mitigation 
thereof. 

13  July,  1866,  s.  5,  v.  14,  p.  92. 

Sec.  1624,  Art.  37.  When  any  officer,  dismissed  by  order  of  the  Presi-  Officerdismissed 
dent  since  3d  March,  1865,  makes,  in  writing,  an  application  for  trial,  m^y     dem^an"d 
setting  forth,  under  oath  that  he  has  been  wrongfully  dismissed,  the  trial. 
President  shall,  as  soon  as  the  necessities  of  the  service  may  permit, 
convene  a  court-martial  to  try  such  officer  on  the  charges  on  which  he 
shall  have  been  dismissed.     And  if  such  court-martial  shall  not  be  con- 
vened within  six  mouths  from  the  presentation  of  such  application  for 
trial,  or  if  suoh  court,  being  convened,  shall  not  award  dismissal  or 
death  as  the  punishment  of  such  officer,  the  order  of  dismissal  by  the 
President  shall  be  void.     [See  act  of  June  22,  1874,  and  notes  infra.'\ 
3  March,  1865,  8.  12,  v.  13,  p.  489. 

That  the  accounting  officers  of  the  Treasury  be,  and  are  hereby,  pro-    June  22, 1874. 
hibited  from  making  any  allowance  to  any  officer  of  the  Navy  who  has     p^y  onrestora- 
been,  or  may  hereafter  be,  dismissed  from  the  service  and  restored  to  tion. 
the  same  under  the  provisions  of  the  twelfth  section  of   the  act  of 
March  third,  eighteen  hundred  and  sixty-five,  entitled,     "An  act  to 
amend  the  several  acts  heretofore  passed  to  provide  for  the  enrolling 
and  calling  out  the  national  forces,  and  for  other  purposes,"  [sec.  1624, 
E.  S.]  to  exceed  more  than  pay  as  on  leave  for  six  months  from  the 
date  of  dismissal,  unless  it  shall  appear  that  the  officer  demanded  in 


36  DISMISSAL   AND   RESIGNATION    OF    OFFICERS. 

writing,  addressed  to  the  Secretary  of  the  Navy,  aud  contiaued  to  de- 
mand as  often  as  once  in  six  months,  a  trial  as  provided  for  in  said  act. 
22  June,  1874,  s.  2,  v.  18,  p.  191. 
Note. — An  officer,  between  date  of  dismissal  and  restoration,  not  demand- 
ing, in  writing,  as  often  as  six  months,  a  trial,  when  restored  is  not  entitled  to 
more  than  "pay  as  on  leave  for  six  months",  from  date  of  dismissal. — Op.  XV, 
569,  Taft,  July  21,  1876. 

Aug.  5,  1882.        Whenever  on  an  inquiry  had  pursuant  to  law,  concerning  the  fitness 
—^  of  an  officer  of  the  Navy  for  promotion,  it  shall  appear  that  such  officer 

Officers  failing  jg  unfit  to  perform  at  sea  the  duties  of  the  place  to  which  it  is  proposed 
in  examination.     ,  j.    v-       i  x-j        i  x-  ■  •       r- 

to  promote  him,  by  reason  oi  drunkenness,  or  irom  any  cause  arising  from 

his  own  misconduct,  and  having  been  informed  of  and  heard  upon  the 

charges  against  him,  he  shall  not  be  placed  on  the  retired-list  of  the 

Navy,  and  if  the  finding  of  the  board  be  approved  by  the  President, 

he  shall  be  discharged  with  not  more  than  one  year's  pay.     [One  yeai-'s 

leave  pay,  as  decided  by  the  accounting  officers  in  1882.  ] 

5  Aug.,  1882,  P.  E.,  p.  286.     [Naval  appropriation  act.] 

KoTES. — After  a  sentence  of  dismissal  from  the  service  has  been  api)roved  and 
can'ied  itto  execution,  the  President  cannot  reconsider  his  approval  and  revoke 
the  sentence.— Op.  IV,  p.  274,  Nov.  3, 1843  ;  Op.  VII,  p.  99,  April  11, 1855  ;  Op.  X 
p.  64,  June  13, 1861 ;  Op.  XI,  pp.  19  and  251,  March  12, 1864,  and  June  20,  1865,  re- 
spectively ;  Op.  XV,  p.  291  and  Feb.  24, 1881. 

The  President  by  and  with  the  advice  aud  consent  of  the  Senate,  can  super- 
sede a  military  or  naval  officer  by  the  nomination  of  a  successor.  The  confirma- 
tion and  appointment  of  the  latter  vacates  the  office  of  the  former. — Blake's 
case,  Supreme  Court,  Otto,  103,  p.  227;  also  see  Otto,  97,  p.  426,  Mimmack's  case, 
and  Otto,  102, 426,  McElraths  case. 

So  much  of  this  section  (1624)  as  relates  to  dismissal  in  time  of  peace  did  not 
take  effect  before  August  20, 1866,  on  which  day,  in  contemplation  of  law,  the 
rebellion  against  the  national  authority  was  suppressed. — S.  C,  Otto,  102,  p.  426. 

Not  the  effect  of  this  act  (sec.  1624)  to  withdraw  the  power  of  the  President 
to  supersede  an  officer  by  appointment,  by  and  with  the  advice  and  consent  of 
the  Senate,  of  another.— Otto,  103,  p.  226. 

Article  37,  section  1624  (12  of  act  of  March  3, 1865, 13  Statutes,  489),  is  consti- 
tutional and  imperative.  It  provides,  in  certain  contingencies,  for  the  restora- 
tion of  the  officer  to  the  service,  and  leaves  the  dismissal  in  full  force  if  those 
contingencies  do  not  happen.— Op.  XII,  p.  4,  Stanbery,  August  6, 1866. 

The  President  in  1861  had  the  power  to  dismiss  an  officer  from  the  Marine 
i  Corps.- Tyler's  case,  Op.  15,  p.  421,  Jan.  8,  1878. 

Dismissal  of  an  acting  master,  March,  lt62,  by  the  Secretary  of  the  Navy, 
lawful.  In  the  absence  of  legislation,  the  Secretary  had  a  ri^ht  to  determine  at 
what  time  an  acting  appointment  should  cease. — A.  M.  Smith's  case.  Op.  XV,  p. 
560,  April  25, 1876. 

The  Secretary  of  the  Navy  had  the  power  to  dismiss  an  "acting  gunner  on 
temporary  service  "  in  the  volunteer  Navy.  The  power  to  appoint  gunners  to 
an  undefined  extent  does  not  preclude  the  appointment  of  acting  gunners  also. — 
Soper's  case,  Op.  XV,  p.  564,  June  10, 1876. 

The  17th  section  of  the  act  of  Julj^  12, 1862,  chap.  200,  v.  i2,  p.  594,  authorized  and 
requested  the  President  to  dismiss  and  discharge  from  the  military  service, 
eitner  in  the  Army,  Navv,  Marine  Corps,  or  volunteer  force  in  the  United 
States  service,  any  officer  ^or  any  cause  which,  in  his  judgment,  either  rendered 
such  officer  unsuitable  for,  or  whose  dismission  would  promote,  the  public  serv- 
ice. This  section  was  repealed  by  section  5  of  an  act  approved  July  13, 1866, 
chap.  176,  V.  14,  p.  90. 

In  a  case  where  an  officer  was  dismissed  by  the  President,  and  the  dismissal 
revoked  in  due  form,  no  unreasonable  time  having  elapsed,  the  vacancy  not  hav- 
ing been  filled,  and  the  rights  of  other  parties  not  having  intervened,  the  revoca- 
tion presents  only  a  case  of  Executive  authority,  which  has  repeatedly  been 
exercised;  but  in  view  of  late  decisions  the  court  gave  judgment  for  the  claim- 
ant in  order  that  the  case  might  go  to  the  Supreme  Court.— C.  C. ,  XVII,  p.  344, 
Cordon's  case,  Dec,  1881,  term. 

Title  15,l'bap.lO.     Sec.  1624,  Art.  10.  Any  commissioned  officer  of  the  Navy  or  Marine 

'— '- — '  Corps  who,  having  tendered  his  resignation,  quits  his  post  or  proper 

Desertion    by  duties  without  leave,  and  with  intent  to  remain  permanently  absent 
resignation,         therefrom,  prior  to  due  notice  of  the  acceptance  of  such  resignation, 
shall  be  deemed  and  punished  as  a  deserter. 
5  Aug.,  1861,  s.  2,  V.  12,  p.  316. 

Notes. — An  offer  to  resign  is  revokable  by  the  officer  prior  to  its  acceptance. 
After  acceptance  and  before  it  has  taken  effect  it  may  be  modified  or  with- 
drawn entirely  bj-  the  consent  of  both  parties.  Control  over  it,  in  point  of 
duration,  extends  no  further.— Op.  XIV,  p.  260,  June  17,  1873;  Op.  XII,  p.  555, 
Feb.  10,  1869. 

A  resignation  tendered  to  take  effect  on  a  future  day,  and  placed  in  the  hands 
of  a  party  to  be  delivered  to  the  President,  can  be  recalled  before  delivery.  Its 
subsequent  delivery  is  not  binding. — Op,  XIII,  p.  77,  June  2,  1869. 

A  valid  resignation  of  a  military  officer,  followed  by  an  unconditional  accept- 
ance of  it,  operates  to  remove  the  incumbent,  and  a  new  appointment  is  re- 
quired to  restore  him  to  the  office. — Qp.  XII,  p.  555,  Feb.  10,  1869.  But  in 
cases  where  the  officer  was  insane  at  time  of  resignation,  his  action  was  held  to 
be  a  nullity  and  capable  of  being  rectified. — Ops.  Ill,  p.  641,  VI,  p.  456,  and  X, 


ENGINEER   CORPS.  37 

p.  229.  If  the  Tacancy  has  been  properly  filled,  the  acceptance  cannot  be 
legally  revoked.— Op.  XV,  p.  469,  March  22,  1878;  Otto,  103,  p.,227. 

A  civil  officer  has  a  right  to  resign  at  his  own  pleasure,  ana  it  is  only  neces- 
sary that  it  should  be  received  by  the  Executive.  Its  acceptance  or  rejection 
by  him  is  unimportant. — U.  S.  vs.  "Wright,  1  McLean,  509. 

A  resignation  does  not  become  operative  until  the  officer  is  officially  notified 

of  the  acceptance  of  the  same.    Mere  acceptance,  without  notice,  does  not  give 

effect  to  the  resignation.    It  is  not  until  due  notice  of  the  same  is  received  that 

the  officer  is  legally  separated  from  the  Army  and  made  a  civilian,  and  up  to 

,  the  date  of  such  notice  he  is  entitled  to  pay. — Winthrop's  Digest,  p.  430. 

EN^GIN^BER  CORPS.    [See  also  Naval  Academy.] 


424.  Chief  of  Bureau. 
1390.  Engineer  Corps,  number  and  rank. 

Restriction  on  promotions. 

1391    Appointment  of. 

1392.  Qualifications  of. 

3393.  Engineer  of  the  fleet. 

1471.  Rank  and  title  of  Chief  of  Bureau. 


Sec. 

1476.  Rank,  active  list. 

1481.  Rank,  retired,  &.c. 

1484.  Engineer  officers  graduated  at  the  Academy. 

1488.  No  authority  to  exercise  military  command. 

1556.  Pay  of  engineers. 

Assignment  to  colleges. 


Sec.  424.  The  Chief  of  the  Bureau  of  Steam  Engineering  shall  he       Title  10. 
appointed  from  the  chief  engineers  of  the  Navy,  and  shall  be  a  skillful  chief  of  Bureau, 
engineer. 

5  July,  1862,  s.  1,  v.  12,  p.  510. 

Sec.  1390.  The  active  list  of  the  Engineer  Corps  of  the  Navy  shall  con-  Title  15,  Chap.  1. 
sist  of  seventy  chief  engineers,  who  shall  he  divided  into  three  grades,  Engineer  Corps, 
by  relative  rank,  as  provided  in  Chapter  Four  of  this  Title;  [See  '^number  and 
1476.]  i^ank. 

Ten  chief  engineers ; 

Fifteen  chief  engineers ;  and 

Forty-five  chief  engineers,'  who  shall  have  the  relative  rank  of  lieu- 
tenant-commander or  lieutenant. 

And  each  and  all  of  the  above-named  officers  of  the  Engineer  Corps 
shall  have  the  pay  of  chief  engineers  of  the  Navy,  as  now  provided. 

Sixty  passed  assistant  engineers,  who  shall  have  the  relative  rank  of 
lieutenant  or  mast  erf;  and 

F(^rty  assistant  engineers,  who  shall  have  the  relative  rank  of  master 
or  ensign  ;  and  the  said  assistant  engineers  shall  have  the  pay  of  passed 
and  assistant  engineers  of  the  Navy,  respectively,  as  now  provided.* 

3  March,  1871,  s.  7,  v.  16,  p.  536. 

24  Feb.,  1874,  v.  18,  p.  17. 

5  Aug.,  1882,  P.  E.  L.,  286. 

Hereafter  only  one-half  of  the  vacancies  shall  be  filled  by  promotion  March  S,  1883. 
until  the  number  is  reduced  as  required  by  act  of  August  5, 1882.     [Sec.     j^estriction  on 
IdyO.  J  promotion. 

3  March,  1883.     [Naval  appropriation  act.] 

Sec.  1391.  Engineers  shall  be  appointed  by  the  President,  by  and  Title  15,  Chap.  1. 

with  the  advice  and  consent  of  the  Senate.  — : rr r 

Appointment. 

31  Aug.,  1842,  8.  6,  V.  5,  p.  577.  ^ 

3  March,  1845,  s.  7,  v.  5,  p.  794. 

25  July,  1866,  s.  7,  v.  14,  p.  223. 

Sec.  1392.  No  person  under  nineteen  or  over  twenty-six  years  of  age  Qualifications, 
shall  be  appointed  an  assistant  engineer  in  the  Navy;  nor  shall  any 
person  be  appointed  or  promoted  in  the  Engineer  Corps  until  after  he 
has  been  found  qualified  by  a  board  of  competent  engineers  and  medical 
officers  designated  by  the  Secretary  of  the  Navy,  and  has  complied  with 
existing  regulations. 

3  March,  1871,  s.  8,  v.  16,  p.  536. 

24  Feb.,  1874,  V.  18.  p.  17. 

25  July,  1666,  s.  7,  v.  14,  p.  223. 

Note.— The  naval  appropriation  act  approved  August  5,  1882,  requires  that 
thereafter  all  appointments  to  the  Engineer  Corps  shall  be  made  from  naval 
cadets,  graduates  of  the  year  in  which  the  vacancies  which  they  are  appointed 
to  iill  shall  occur.    See  Naval  Academy. 

Sec.  1393.  The  President  may  designate  among  the  chief  engineers  in    Engineer  of  the 
the  service,  and  appoint  to  every  fleet  or  squadron,  an  engineer,  who  fleet, 
shall  be  denominated  "engineer  of  the  fleet." 
21  April,  1864,  s.  7,  v.  13,  p.  54. 

*  The  titles  of  first  and  second  assistant  engineers  were  changed  to  passed  and 
assistant  engineers,  respectively,  Feb.  24,  1874.  The  grade  of  third  assistant  was 
abolished  July  15,  1870. 

t  Lieutenant  of  the  junior  grade.     (March  3,  1883.) 


38  ENGINEER    CORPS. 

Title  15,  Chap.  4.  Sec.  1471.  The  Chief  *  *  *  of  the  Bureau  of  Steam  Eugineering 
~"^  r  f  Chief  ^''^^^^  have  the  relative  rank  of  commodore  while  holding  said  position, 
of  Bureau.  ^     *     k     and  the  title  of  engineer-in-chief. 

3  March,  1871,  s.  12,  v.  16,  p.  537. 

Sec.  1476.  Officers  of  the  Engineer  Corps  on  the  active  list  shall  have 
•^^  relative  rank  as  follows: 

Of  the  chief  engineers,  ten  shall  have  the  relative  rank  of  captain, 
On  the  active  fifteen  that  of  commander,  and  fortv-five  that  of  lieutenant-commander 
^^^*-  or  lieutenant. 

Passed  assistant  engineers  shall  have  the  relative  rank  of  lieutenant 
or  master*,  and  assistant  engineers  that  of  master*  or  ensign. 
3  March,  1871,  s.  7,  v.  16,  p.  536. 
24  Feb.,  1874,  v.  18,  p.  17. 

When  retired  Sec.  1481.  Officers  of  the  *  *  *  Engineer  Corps  »  *  *  who 
from  age  or  shall  have  served  faithfully  for  forty-five  years,  shall,  when  retired, 
lengthof  service,  jja^yg  the  relative  rank  of  commodore;  and  *  *  *  ^ho  have  been 
or  shall  be  retired  at  the  age  of  sixty-two  years,  before  having  served 
for  forty-five  years,  but  who  shall  have  served  faithfully  until  retired, 
shall,  on  the  completion  of  forty  years  from  their  entry  into  the  service, 
have  the  relative  rank  of  commodore. 

3  March,  1871,  s.  11,  v.  16,  p.  537. 
Engineers      ^^^'  ^'^^^'  Engineer  officers  graduated  at  the  Naval  Academy  shall 
graduated  at  the  t^^^©  precedence  with  all  other  officers  with  whom  they  have  relative 
Academy.  rank,  according  to  the  actual  length  of  service  in  the  Navy. 

3  March,  1873,  s.  1,  v.  17,  p.  555. 

XOTE. — Engineer  officers,  graduates  of  the  Naval  Academy,  are  not  entitled 
to  the  six  years'  constructive  service  allowed  to  other  staff  officers  of  the  Navy 
in  estimating  length  of  service.  Engineer  officers  not  graduated  at  the  Acad- 
emy, stand  on  the  same  footing  with  other  staff  officers,  and  are  entitled  to  the 
constructive  service. — Op.  XV,  p.  336,  Devens,  July  11,  1877. 

Mliitary    com-     Sec.  1488.  The  relative  rank  given  by  the  provisions  of  this  chapter 
^^^^-  to  officers  of  the     *    *    *    Engineer  Corps  shall  confer  no  authority  to 

exercise  military  command. 

5  Aug.,  1854,  s.  4,  v.  10,  p.  587. 

G.  O.,  31  Aug.,  1846,  and  27  May,  1847. 

3  March,  1859,  s.  2,  v.  11,  p.  407. 

Title  15,  Chap.  8.     Sec.  1556.    *^    *    *    Fleet  engineers,  four  thousand  four  hundred  dol- 
Pay  of  fleet  en- ^^^®-    *    *    *     Chief  engineer  having  the  same  rank  as  pay  director 

gineers.  and  pay  inspector,  when  on  duty  at  sea,  four  thousand  four  hundred 

dollars.    When  not  at  sea,  the  same  as  surgeons  and  paymasters,  respect- 

CMef  engineers,  ively.  *  *  Chief  engineers,  who  have  the  same  rank  with  paymasters, 
during  the  first  five  years  after  date  of  commission,  when  at  sea,  two 
thousand  eight  hundred  dollars;  on  shore  duty,  two  thousand  four 
hundred  dollars;  on  leave,  or  waiting  orders,  two  thousand  dollars; 
during  the  second  five  years  after  such  date,  when  at  sea,  three  thousand 
two  hundred  dollars ;  on  shore  duty,  tw  o  thousand  eight  hundred  dol- 
lars; on  leave,  or  waiting  orders,  two  thousand  four  hundred  dollars; 
during  the  third  five  years  after  such  date,  when  at  sea,  three  thousand 
five  hundred  dollars;  on  shore  duty,  three  thousand  two  hundred  dol- 
lars; on  leave,  or  waiting  orders,  two  thousand  six  hundred  dollars; 
during  the  fouith  five  years  after  such  date,  when  at  sea,  three  thousand 
seven  hundred  dollars;  on  shore  duty,  three  thousand  six  hundred  dol- 
lars; on  leave,  or  waiting  orders,  two  thousand  eight  hundred  dollars; 
after  twenty  years  from  such  date,  when  at  sea,  four  thousand  two  hun- 
dred dollars ;  on  shore  duty,  four  thousand  dollars ;  on  leave,  or  waiting 
orders,  three  thousand  dollars.  »  '^  * 
Passed  assistant     Passed  assistant  engineers,  during  the  first  five  years  after  date  ot 

engineers.  appointment,  when  at  sea,  two  thousand  dollars;  on  shore  duty,  one 

thousand  eight  hundred  dollars ;  on  leave,  or  waiting  orders,  one  thou- 
sand five  hundred  dollars;  after  five  years  from  such  date,  when  at  sea, 
two  thousand  two  hundred  dollars;  on  shore  duty,  two  thousand  dol- 
lars; on  leave,  or  waiting  orders,  one  thousand  seven  hundred  dollars. 
Assistant  e  n-     Assistant  engineers,  during  the  first  five  years  after  date  of  appoint- 

gineers.  ment,  when  at  sea,  one  thousand  seven  hundred  dollars ;  on  shore  duty, 

one  thousand  four  hundred  dollars ;  on  leave,  or  waiting  orders,  one 
thousand  dollars;  after  five  years  from  such  date,  when  at  sea,  one 
thousand  nine  hundred  dollars;  on  shore  duty,  one  thousand  six  hun- 

*  Lieutenant  of  the  junior  grade.     (March  3,  1883.) 


HOSPITALS ASYLUMS. 


39 


dred  dollars: 
dollars. 


on  leave,  or  waiting  orders,  one  thousand  two  hundred 


15  July,  1870,  8.  3,  v.  16,  p.  331. 
24  Feb..  1874,  v.  18,  p.  17. 
3  March,  1871,  ss.  5,  6,  v.  16.  p.  .535. 
3  March,  1873,  s.  1,  v.  17,  p.  555. 

For  the  purpose  of  promoting  a  knowledge  of  steara-eugineering  and    26  Feb.,  1879. 
iron-ship  building  among  the  young  men  of  the  United  States,  the     Detail  of  enei- 
President  may,  upon  the  application  of  an  established  scientific  school  neera    for    col- 
or college  within  the  United  States,  detail  an  ofi&cer  from  the  Engineer  leges. 
Corps  of  the  Navy  as  professor  in  such  school  or  college :  Provided,  That 
the  number  of  officers  so  detailed  shall  not  at  any  time  exceed  twenty- 
live,  and  such  details  shall  bo  governed  by  rules  to  be  prescribed  from 
time  to  time  by  the  President:  And  provided  further,  That  such  details 
may  be  withheld  or  withdrawn  whenever,  in  the  judgment  of  the 
President,  the  interests  of  the  public  service  shall  so  require. 
26  Feb.,  1879,  v.  20,  p.  322. 


HOSPITALS,  ASYLUMS,  ETC. 


Sec. 

1614.  Deduction  from  pay  of  marines. 

4807.  Superintendence  of  Navy  hospitals. 

4808.  Deductions  from  pay  ot  seamen,     &c.,  for 

Navy-hospital  fund. 

4809.  Appropriation  of  fines. 

4810.  Purchase  and  erection  of  Navy  hospitals. 


Sec. 

4811.  G-overnment  of  Naval  Asylum. 

4812.  Allowance  of  rations  to  Navy  hospitals. 
481^.  Allowance  from  pensions. 

Hospital  at  Hot  Springs,  Ark. 

Closing  of  hospitals. 


Sec.  1614.  The  Secretary  of  the  Navy  shall  deduct  from  the  pay  due  Title  15,  Chap.  9. 
each  of  the  officers  and  enlisted  men  of  the  Marine  Corps  at  the  rate  of    Deduction    for 
twenty  cents  per  month  for  every  officer  and  marine,  to  be  applied  to  hospitals, 
the  fund  for  Navy  hospitals. 

2  March,  1799,  s.  2,  v.  1,  p.  729. 
'  26  Feb.,  1811,  s.  1,  v.  2,  p.  650. 

Sec.  4807.  The  Secretary  of  the  Navy  shall  have  the  general  charge  Title  59,  Chap.  1. 

and  superintendence  of  Navy  hospitals.  Superin  t  e  n  d- 

26  Feb.,  1811,  a.  1,  v.  2,  p.  650.  ence  of   Navy 

10  July,  1832,  s.  5,  v.  4.  p.  573.  hospitals. 

Sec.  4808.  The  Secretary  of  the  Navy  shall  deduct  from  the  pay  due    Deductionfrom 

each  officer,  seaman  and  marine,  in  the  Navy,  at  the  rate  of  twenty  P*y  ^f  seamen, 

cents  per  month  for  each  person,  to  l)e  applied  to  the  fund  for  Navy  hospital ^fund.^"^ 

hospitals. 

2  March,  1799,  s.  2,  v.  1,  p.  729. 
26  Feb.,  1811,  s.  1,  v.  2,  p.  650. 

Sec.  4809.  All  fines  imposed  on  Navy  officers,  seamen,  and  marines     Appropriation 
shall  be  paid  to  the  Secretary  of  the  Navy,  for  the  maintenance  of  Navy  of  fi^ies. 
hospitals. 

26  Feb.,  1811,  s.  2,  v.  2,  p.  650. 

10  July,  1832.  3.  5,  v.  4,  p.  573. 

Sec.  4810.  The  Secretary  of  the  Navy  shall  procure  at  suitable  places     Purchase    and 
proper  sites  for  Navy  hospitals,  and  if  the  necessary  buildings  are  not  F^^*.V*^  ^^  Navy 
procured  with  the  site,  shall  cause  such  to  be  erected,  having  due  regard    ^^^^  ^  ^' 
to  economy,  and  giving  preference  to  such  plans  as  with  most  conven- 
ience and  least  cost  will  admit  of  subsequent  additions,  when  the  funds 
permit  and  circumstances  require ;  and  shall  provide,  at  one  of  the  estab- 
lishments, a  permanent  asylum  for  disabled  and  decrepit  Navy  officers, 
seaman,  and  marines.     [Naval  Asylum  now  located  at  Philadelphia.] 


26  Feb.,  1811,  s.  3,  v.  2, 
10  July,  1832,  s.  5,  v.  4 


p.  650. 
p.  573. 


Sec.  4811.  The  asylum  for  disabled  and  decrepit  Navy  officers,  sea-     Grovemment  of 
men,  and  marines  shall  be  governed  in  accordance  with  the  rules  and  ^aval  Asylum, 
regulations  prescribed  by  the  Secretary  of  the  Navy.     [See  section  5757, 
naval  pension  fund,  as  to  provision  for  those  preferring  pension  to  the 
asylum.  ] 

26  Feb.,  1811,  s.  4,  v.  2,  p.  650. 

Sec.  4812.  For  every  Navy  officer,  seaman,  or  marine  admitted  into  a     Allowance    of 
Navy  hospital,  the  institution  shall  be  allowed  one  ration  per  day  dur-  ^ogpJJIig       ^^^ 
ing  his  continuance  therein,  to  be  deducted  from  the  account  of  the 
United  States  with  such  officer,  seaman,  or  marine. 
Ihid.,  3.  5. 


40 


INSANE    OF   THE    NAVY — GOVERNMENT   HOSPITAL. 


AUowance  Irom     Sec.  4813.  Whenever  any  Navy  officer,  seaman,  or  marine,  entitled  to 
pension.  3,  pension,  is  admitted  to  a  Navy  hospital,  the  pension,  during  his  con- 

tinuance in  the  hospital,  shall  be  paid  to  the  Secretary  of  the  Navy  and 
deducted  from  the  account  of  such  pensioner. 
Ibid. 

30  June,  1882.       Provided,  That  one  hundred  thousand  dollars  be,  and  hereby  is,  appro- 
Army  and  Navy  priated  for  the  erection  of  an  Army  and  Navy  hospital  at  Hot  Springs, 
hospital  at  Hot  Arkansas,  which  shall  be  erected  by  and  under  the  direction  of  the  Sec" 
Spnngs,  Ark.      retary  of  War,  in  accordance  with  plans  and  specifications  to  be  pre- 
pared and  submitted  to  the  Secretary  of  War  by  the  Surgeons-General  of 
the  Army  and  Navy;   which  hospital,  when  in  a  condition  to  receive 
patients,  shall  be  subject  to  such  rules,  regulations,  and  restrictions  as 
shall  be  provided  by  the  President  of  the  United  States :  Provided  fur- 
ther, That  such  hospital  shall  be  erected  on  the  government  reserva- 
tion at  or  near  Hot  Springs,  Arkansas. 

30  June,  1882,  P.  E.  L.,  p.  121.     [Army  appropriation  act.] 
3  March,  1883.       And  if  the  Secretary  of  the  Navy  shall  not  be  able  to  maintain  prop- 
Closing  of  hos  V^^^J  t^®  whole  number  of  naval  hospitals  now  kept  open  on  the 
pitals.  amounts  hereby  appropriated  for  the  maintenance  of  and  civil  estab- 

lishment at  naval  hospitals,  he  shall  close  those  which  are  least  neces- 
sary to  the  service,  and  provide  for  the  patients  now  cared  for  therein 
ch  other  naval  hospitals  as  may  be  most  convenient. 

5  Aug.,  1882,  and  3  March,  1883.     [Naval  appropriation  acts.l 

INSANE  OF  THE   NAVY— GOVERNMENT  HOSPITAL. 


Sec. 

1551.  Authority  of  the  Secretary  of  the  Navy,  &c. 

4838.  Establishment  of  the  Government  Hospital 

for  the  Insane. 
4843.  Admission  of  insane  persons  of  the  Aimy 

Navy,  &c. 


Sec. 


Limit  to  admission. 
Transfer  of  insane  convicts,  &c. 
Admission  of   insane  inmates  of    National 
Home  for  Disabled  Volunteers. 


Title  15,  Chap.  7.  Sec.  1551.  The  Secretary  of  the  Navy  may  cause  persons  in  the  naval 
Insane  of  the  s^J'vice  or  Marine  Corps,  who  become  insane  while  in  the  service,  to  be 

2jfavy.  placed  in  such  hospital  for  the  insane  as,  in  his  opinion,  will  be  most 

convenient  and  best  calculated  to  promise  a  restoration  of  reason.  And 
he  may  pay  to  any  such  hospital,  other  than  the  Government  Hospital 
for  the  Insane  in  the  District  of  Columbia,  the  pay  which  may  from  time 
to  time  be  due  to  such  insane  person,  and  he  may,  in  addition  thereto, 
pay  to  such  institution,  from  the  annual  appropriation  for  the  naval 
service,  under  the  head  of  contingent  enumerated,  any  deficiency  of  a 
reasonable  expense,  not  exceeding  one  hundred  dollars  per  annum. 

3  Aug.,  1848.  8. 13,  V.  9,  p.  272. 

2  July,  1864.  s.  2,  v.  13,  p.  348. 

Title  59,  Chap.  4.     Sec.  4838.  There  shall  be  in  the  District  of  Columbia  a  Government 
~~z  1  Hospital  for  the  insane,  and  its  objects  shall  be  the  most  humane  care 

Hospital ^fo™the  ^^^  enlightened  curative  treatment  of  the  insane  of  the  Army  and  Navy- 
Insane,  of  the  United  States  and  of  the  District  of  Columbia. 

3  March,  1855,  s.  1,  v.  10,  p.  682. 

Admission    of     Sec.  4843.  The  superintendent,  upon  the  order  of  the  Secretarv  ol 

thlA^m^^N^^^^^^^^'  o^*^^  Secretary  of  the  Navy,  and  of  the  Secretary  of  the  Treas- 

Marin ™^  orpsi  ^^^^j  respectively,  shall  receive,  and  keep  in  custody  until  they  are  cured, 

&c.  '  or  removed  by  the  same  authority  which  ordered  their  reception,  insane 

persons  of  the  following  descriptions  : 

First.  Insane  persons  belonging  to  the  Army,  Navy,  Marine  Corps, 
and  revenue-cutter  service. 

Second.  Civilians  employed  in  the  Quartermaster's  and  Subsistence 
Departments  of  the  Army  who  may  be,  or  may  hereafter  become,  insane 
while  in  such  employment. 

Third.  Men  who,  while  in  the  service  of  the  United  States,  in  the 
Army,  Navy,  or  Marine  Corps,  have  been  admitted  to  the  hospital,  and 
have  been  thereafter  discharged  from  it  on  the  supposition  that  they 
have  recovered  their  reason,  and  have,  within  three  years  after  such 
discharge,  become  again  insane  from  causes  existing  at  the  time  of  such 
discharge,  and  have  no  adequate  means  of  support. 
Fourth.  Indigent  insane  persons  who  have  been  in  either  of  the  said 


NATIONAL    HOME    FOR   VOLUNTEERS.  41 

services  and  been  discharged  therefrom  on  account  of  disability  arising 
from  such  insanity. 

Fifth.  Indigent  insane  persons  who  have  become  insane  within  three 
years  after  their  discharge  from  such  service,  from  causes  which  arose 
during  and  were  produced  by  said  service. 

15  June,  1860,  s.  1,  v.  12,  p.  23. 

13  July,  1866,  as.  1,  2,  v.  14,  pp.  93,  94. 

Hereafter  the  admission  to  the  hospital  shall  be  limited  to  such  per-     16  June,  1880. 
sons  as  are  entitled  to  treatment  therein  under  the  provisions  of  title    Limit  to  atlmis- 
59,  chap.  4,  of  the  Revised  Statutes  of  the  United  States,  and  under  sion. 
the  act  approved  March  3,  1875,  chap.  156.     [See  notes.] 

16  June,  1880,  v.  21.  p.  259. 

That  upon  the  application  of  the  Attorney-General  the  Secretary  of    Aug.  7, 1882. 
the  Interior  be,  and  he  is  hereby,  authorized  and  directed  to  transfer  to     Transfer  of  in- 
the  Government  Hospital  for  the  Insane  in  the  District  of  Columbia  all  sane     convicts, 
persons  who,  having  been  charged  with  offenses  against  the  United  &c.,  to  Govem- 
States,  are  in  the  actual  custody  of  its  officers,  and  all  persons  who  have  ™6"t  Hospital, 
been  or  shall  be  convicted  of  any  offense  in  a  court  of  the  United  States 
and  are  imprisoned  in  any  State  prison  or  penitentiary  of  any  State  or 
Territory,  and  who  during  the  term  of  their  imprisonment  have  or  shall 
become  and  be  insane. 

23  June,  1874,  s.  1,  v.  18,  p.  251. 
Aug.  7,  1882,  P.  E.,  p.  330. 

lu  addition  to  the  persons  now  entitled  to  admission  to  said  hospital,  .  Admission    oi 
any  inmate  of  the  National  Home  for  Disabled  Volunteer  Soldiers,  who  Saf  Ho^e  for 
is  now  or  may  hereafter  become  insane  shall,  upon  an  order  of  the  Disabled  Yolun- 
president  of  the  board  of  managers  of  the  said  National  Home,  be  ad-  teers. 
mitted  to  said  hospital  and  treated  therein ;  and  if  any  inmate  so  ad- 
mitted from  said  National  Home  is  or  thereafter  becomes  a  pensioner, 
and  has  neither  wife,  minor  child,  nor  parent  dependent  on  him,  in 
whole  or  in  part,  for  support,  his  arrears  of  pension  and  his  pension 
money  accruing  during  the  period  he  shall  remain  in  said  hospital  shall 
be  applied  to  his  support  in  said  hospital,  and  be  paid  over  to  the  pro- 
per officer  of  said  institution  for  the  general  uses  thereof. 
7  Aug.,  1882,  P.  E.  L.,  p.  330. 

Notes — Volunteer  soldiers  who  have  become  insane  within  a  period  .of  more 
than  three  years  after  their  discharge  from  service  may  be  admitted  to  the  Gov- 
ernment Asylum  for  the  Insane  in  the  District  of  Columbia,  whether  at  the  time 
they  became  insane  thev  were  inmates  of  any  volunteer  soldiers  asylum  or  not. — 
Op.  XIV,  p.  225,  Williams,  April  23,  1873.    But  see  act  of  16  June,  1880,  ante. 

An  act  approved  March  3,  "1875,  v.  18,  p.  485,  chap.  156,  sec.  5,  provides  that 
insane  patients  of  the  Marine  Hospital  Service  may  be  admitted  to  the  Gov- 
ernment Hospital  for  the  Insane  upon  the  order  of  the  Secretary  of  the  Treas- 
ury, at  a  charge  not  exceeding  four  dollars  and  fifty  cents  a  week. 

An  act  approved  June  23,  1874,  18  Stat.,  251,  provides  for  the  admission  of 
insane  convicts  to  the  insane  asylum  in  the  District  of  Columbia. 

NATIONAL    HOME    FOR   VOLUNTEER    SOLDIERS    AND 

SAILORS. 

Sec.  !   Sec. 

4832.  Persons  entitled  to  admission  I   Disposition  of  pensions. 

Sec.  4832.  The  following  persons  only  shall  be  entitled  to  the  benefits  Title  59,  Chap.  3. 
of  the  National  Home  for  disabled  volunteer  soldiers,  and  may  be  ad-     -^j^at  persons 
mitted  thereto,  upon  the  recommendation  of  three  of  the  board  of  man-  entitled  to  ad- 
agers,  namely:  All  officers  and  soldiers  who  served  in  the  late  war  for  mission,  &c. 
the  suppression  of  the  rebellion,  and  the  volunteer  soldiers  and  sailors 
of  the  war  of  eighteen  hundred  and  twelve  apd  of  the  Mexican  war, 
and  not  provided  for  by  existing  laws,  who  have  been  or  may  be  dis- 
abled by  wounds  received  or  sickness  contracted  in  the  line  of  their 
duty  ;  and  such  of  these  as  have  neither  wife,  child,  nor  parent  depend- 
ent upon  them,  on  becoming  inmates  of  this  home,  or  receiving  relief 
therefrom,  shall  assign  thereto  their  pensions  when  required  by  the 
board  of  managers,  during  the  time  they  shall  remain  therein  or  receive 
its  benefits.    [These  homes  are  at  Augusta,  Me.,  Milwaukee,  Wis., Day- 
ton, Ohio,  Knightstown,  Ind.,  and  Hampton,  Va.] 

21  March,  1866,  s.  7,  v.  14,  p.  11. 
28  Feb.,  1871,  Kes.  45,  v.  16,  p.  599. 
23  Jan.,  1873,  s.  1,  v.  17,  p.  417. 


42  ARTIFICIAL    LIMBS,    TRUSSES,    AND    APPLIANCES. 

A  US.  7, 1882.         That  all  pensions  and  arrears  of  pensions  payable  or  to  be  paid  to 

"PtMisions  of  in-  P^i^^ioners  who  are  or  may  become  inmates  of  the  National  Home  for 

mates  of  homes  Disabled  Volunteer  Soldiers  sliall  be  paid  to  the  treasurers  of  said  home, 

to     be    paid    to  to  be  applied  by  such  treasurers  as  provided  by  law,  under  the  rules 

trt^iisurera  of  a^^d  regulations  of  said  home.     Said  payments* shall  be  made  by  the 

.sucn  mstuutions.  pension  agent  upon  a  certificate  of  the  proper  officer  of  the  home  that 

the  pensioner  is  an  inmate  thereof  on  the  day  to  which  said  pension  is 

drawn.    The  treasurers  of  said  home,  respectively,  shall  give  security, 

to  the  satisfaction  of  the  managers  of  said  home,  for  the  payment  and 

application  by  them  of  all  arreace  of  pension  and  pension-moneys  they 

may  receive  under  the  aforesaid  provision.     And  section  two  of  the  act 

entitled  ''An  act  making  appropriations  for  the  payment  of  invalid  and 

other  pensions  of  the  United  States  for  the  iiscal  year  ending  June 

thirtieth,  eighteen  hundred  and  eighty-two,  and  for  deficiencies,  and 

for  other  purposes,"  approved  February  twenty-sixth,  eighteen  hundred 

and  eighty-one,  is  hereby  revived  and  continued  in  force.* 

Aug.  7,  1882,  P.  E.,  p.  322.    [Sundry  civil  act]. 

AETIFICIAL  LIMBS,  TRUSSES,  AND  APPLIAIS^GES. 


t5ec. 

1176.  Trusses,  to  whom  furni.sbed. 

1177.  Applications  for  trusses. 

1178.  Purchase  of  trusses. 
4787.  Artificial  limbs  to  be  furnished  every  five 

years.                                                                  i  cial  limbs  are  furnished 

.4788.  Commutation  rates  in  money  value  for  limb,   ;  Surgical  appliances. 

&.C.  I 


Sec. 

4789.  Money  commutation,  how  paid. 

4790.  Comiuutation  to  persons  who  cannot  use  ar- 
tificial limbs. 

4791.  Transportation  for  persons  to  whom  artifi- 


Title  14,  Chap.  1.  Sec.  1176.  That  every  soldier  of  the  Union  Army,  or  petty-officer, 
"^rusTes  to  seaman,  or  marine  in  the  naval  service,  who  was  ruptured  while  in  the 
whom  famished,  line  of  duty  during  the  late  war  for  the  suppression  of  the  rebellion,  or 
who  shall  be  so  ruptured  thereafter  in  any  war,  shall  be  entitled  to  re- 
ceive a  single  or  double  truss  of  such  style  as  may  be  designated  by  the 
Surgeon-General  of  the  United  States  Army  as  best  suited  for  such  dis- 
ability ;  and  whenever  the  said  truss  or  trusses  so  furnished  shall  become 
useless  from  wear,  destruction,  or  loss,  such  soldier,  petty-officer,  sea- 
man, or  marine  shall  be  supplied  with  another  truss  on  making  a  like 
application  as  provided  for  in  section  two  of  the  original  act  of  which 
this  is  an  amendment:  Provided,  That  such  application  shall  not  be 
made  more  than  once  in  two  years  and  six  months :  And  provided  further, 
That  sections  two  and  three  [sees.  1177  and  1178  R.  S.]  of  the  said  act 
of  May  twenty-eighth,  eighteen  hundred  and  seventy-two,  shall  be  con- 
strued so  as  to  apply  to  petty-officers,  seamen,  and  marines  of  the  naval 
service,  as  well  as  to  soldiers  of  the  Army.     [Amended  section.] 

28  May,  1872,  s.  1.  v.  17,  p.  164.        3  March,  1879,  v.  20,  p.  353. 
Note. — It  is  left  with  the  Surgeon-General  of  the  Army  to  adopt  one  style,  or 
difierent  styles,  keeping  in  view  the  selection  of  that  which  in  his  judgment 
is  best  adapted  to  the  purpose  for  which  intended.— Op,  XIV,  72.  July  30, 1872. 

Application  for  Sec.  1177.  Application  for  such  truss  shall  be  made  by  the  ruptured 
trusses.  soldier,  to  an  examining  surgeon  for  pensions,  whose  duty  it  shall  be  to 

examine  the  applicant,  and  when  found  to  have  a  rui)ture  or  hernia,  to 
prepare  and  forward  to  the  Surgeon-General  an  application  for  such 
truss  without  charge  to  the  soldier.     [See  ^  4787.] 
28  May,  1872,  s.  2,  v.  17,  p.  164. 
,.    Trusses,    pur-      Sec.  1178.  The  Surgeon-General  is  authorized  and  directed  to  purchase 
©base  of.  ^j^g  trusses  required  for  such  soldiers,  at  wholesale  prices,  and  the  cost 

of  the  same  shall  be  paid  upon  the  requisition  of  the  Surge  on -General 
out  of  any  moneys  in  the  Treasury  not  otherwise  appropriated. 
28  May,  1872,  s.  3,  v.  17,  p.  164. 
Title  57.  Sec.  4787.  Every  officer,  soldier,  seaman,  and  marine,  who  was  dis- 

"  ArlTflTial  ^^1^^'  during  the  war  for  the  suppression  of  the  rebellion,  in  the  mili- 
limbs,  (fee,  to  be  tary  or  naval  service,  and  in  the  line  of  duty,  or  in  consequence  of 
furaished'  every  wounds  received  or  disease  contracted  therein,  and  who  was  furnished 
five  years.  by  the  War  Department,  since  the  seventeenth  day  of  June,  eighteen 

hundred  and  seventy,  with  an  artificial  limb  or  apparatus  for  resection, 

*  Under  the  act  of  Feb.  26,  1881,  the  pensions  arc  to  be  paid  over  to  the  treasurer, 
without  deduction  for  fines  or  penalties.  Any  balance  on  discharge  of  inmate  is  to 
be  paid  over  to  him;  in  case  of  death  to  his  widow,  children,  or  legal  representatives. 


CEMETERIES NATIONAL.  43 

or  wlio  was  entitled  to  receive  sucli  limb  or  apparatus  since  said  date, 
shall  be  entitled  to  receive  a  new  limb  or  apparatus  at  the  exj)iration  of 
every  five  years  thereafter,  under  such  regulations  as  have  been  or  may 
be  prescribed  by  the  Surgeon-General  of  the  Army. 

The  provisions  of  this  section  shall  apply  to  all  officers,  non-commis-  Persons  onti- 
sioned  officers,  enlisted  and  hired  men  of  the  land  and  naval  forces  of  tied, 
the  United  States,  who,  in  the  line  of  their  duty  as  such,  shall  have  lost 
limbs  or  sustained  bodily  injuries  depriving  them  of  the  use  of  any  of 
their  limbs,  to  be  determined  by  the  Surgeon-General  of  the  Army  ;  and 
the  term  of  five  years  herein  specified  shall  be  held  to  commence  in  each. 
«ase  with  the  filing  of  the  application  for  the  benefits  of  this  section. 

27  July,  1868,  s.  14,  v.  15,  p.  237.         23  March,  1876,  v.  19,  p  8. 
17  Juiie,  1870,  a.  1,  v.  16,  p.  153.  27  Feb.,  1877,  v.  19,  p.  252. 
30  June,  1870,  v.  16,  p.  174. 

jfoTE.— Held  by  the  War  Department  that  desertion  does  not  affect  the  rights 
of  a  person  disabled,  as  this  section  indicates,  to  artificial  limbs  or  apparatus, 
and  that  it  might  be  properly  construed  to  include  the  mechanics  and  laborers 
employed  at  the  arsenals  under  Title  XyH,  R.  S.— Winthrop's  Digest,  122. 

The  act  of  Aug.  15,  1S76,  v.  19,  page  203,  allows  commutation  for  an  artificial 
limb  or  appliances  every  five  years. 

Sec.  4788.  Every  person  entitled  to  the  benefits  of  the  preceding  sec-     C  o  ni  mutation 
tion  may,  if  he  so  elects,  receive,  instead  of  such  limb  or  apparatus,  the  ^^^  ff^  lim*l°*^ 
money  value  thereof,  at  the  following  rates,  namely :  For  artificial  legs, 
seventy-five  dollars;  for  arms,  fifty  dollars;  for  feet,  fifty  dollars;  for 
apparatus  for  resection,  fifty  dollars. 

17  June,  1870,  s.  1,  v.  16,  p.  153.        15  Aug.,  1876,  v.  19,  p.  203. 

Sec.  4789.  The  Surgeon-General  shall  certify  to  the  Commissioner  of    Money  commu- 
Pensions  a  list  of  all  soldiers  who  elect  to  receive  money  commutation  tation,  how  to  be 
instead  of  limbs  or  apparatus,  with  the  amount  due  to  each,  and  the^^^  ' 
Commissioner  of  Pensions  shall  cause  the  same  to  be  paid  to  such  sol- 
diers in  the  same  manner  as  pensions  are  paid. 
17  June,  1870,  s.  2,  v.  16,  p.  153. 

Sec.  4790.  Every  person  in  the  military  or  naval  service  who  lost  a     Money  commu- 
limb  during  the  war  of  the  rebellion,  or'is  entitled  to  the  benefits  of  tation    to   those 
section  forty-seven  hundred  and  eighty-seven,  but  from  the  nature  of  ^^JJ^p^^°5^lj|^*® 
his  injury  is  not  abje  to  use  an  artificial  limb,  shall  be  entitled  to  the 
benefits  of  section  forty-seven  hundred  and  eighty-eight,  and  shall  re- 
ceive money  commutation  as  therein  provided. 

17  June,  1870,  s.  2,  v.  16,  p.  153.        27  Feb.,  1877,  v.  19,  p.  252. 

Sec.  4791.  The  Secretary  of  War  is  authorized  and  directed  to  furnish     Transportation 
to  the  persons  embraced  by  the  provisions  of  soctiou  forty-seven  hundred  for    persons    to 
and  eighty-seven,  transportation  to  and  from  their  homes  and  the  place  ^^^   Ave^^f^ 
where  they  maybe  required  to  go  to  obtain  artificial  limbs  provided  for  nigiied. 
them  under  authority  of  law.     The  transportation  allowed  for  having 
artificial  limbs  fitted  shall  be  furnished  by  the  Quartermaster-General 
of  the  Army,  the  cost  of  which  shall  be  refunded  from  the  appropria- 
tions for  invalid  pensions. 

28  July,  1866,  v.  14,  p.  342. 
23  March,  1876,  v.  19,  p.  8. 

15  Aug.,  1876,  8.  2.  V.  19.  p.  204. 
27  Feb.,  1877,  v.  19,  p.  2.52. 

The  sundry  civil  act,  approved  March   3,  1883,  appropriates   two     Surgical  appli- 
thousand  dollars,  to  be  expended  under  the  direction  of  the  Secretary  auces. 
of  War,  "for  providing  surgical  appliances  for  persons  disabled  in  the 
military  or  naval  service  of  the  United  States,  and  not  entitled  to  arti- 
ficial limbs." 

CEMETERIES— NATIONAL. 

Sec.  1  Sec. 

4877.  Inclosures,  headstones,  &c.  |  4878.  Who  may  be  buried  in  national  cemeteries. 

Sec.  4877.  In  the  arrangement  of  the  national  cemeteries  established  Title  59,  Chap.  6. 
for  the  burial  of  deceased  soldiers  and  sailors,  the  Secretary  of  War  is  "YiTclo  sufes 
hereby  directed  to  have  the  same  inclosed  with  a  good  and  substantial  headstones,  and 
stone  or  iron  fence  ;  and  to  cause  each  grave  to  be  marked  with  a  small  registers, 
headstone  or  block,  which  shall  be  of  durable  stone,  and  of  such  design 
and  weight  as  shall  keep  it  in  place  when  set,  and  shall  bear  the  name 
of  the  soldier  and  the  name  of  his  State  inscribed  thereon,  when  the 


44 


HYDROGRAPHIC    OFFICE. 


same  are  known,  and  also  with  the  number  of  the  grave  inscribed 
thereon,  corresponding  with  the  number  opposite  to  the  name  of  the 
party  in  a  register  of  burials  to  be  kept  at  each  cemetery  and  at  the 
office  of  the  Quartermaster-General,  which  shall  set  forth  the  name, 
rank,  company,  regiment,  and  date  of  death  of  the  officer  or  soldier ;  or 
if  these  are  unknown,  it  shall  be  so  recorded.* 

22  Feb.,  1867,  s.  1,  v,  14,  p.  399. 
8  Jane,  1872,  v.  17,  p.  345. 
3  March,  1873,  v.  17,  p.  545. 

Who  may  be  Sec.  4878.  All  soldiers,  sailors,  or  marines,  dying  in  the  service  of  the 
^"m«fiH°»**^^^*^  United  States,  or  dying  in  a  destitute  condition,  after  having  been  hon- 
•Am«  finco  orably  discharged  from  the  service,  or  who  served  during  the  late  war, 

either  in  the  regular  or  volunteer  forces,  may  be  buried  in  any  national 
cemetery  free  of  cost.  The  production  of  the  honorable  discharge  of  a 
deceased  man  shall  be  sufficient  authority  for  the  superintendent  of  any 
cemetery  to  permit  the  interment. 

17  July,  1862,  s.  18,  v.  12,  p.  596. 
1  June,  1872,  v.  17,  p.  202. 
3  March,  1873,  v.  17,  p.  605. 


eemeteries. 


HYDROGEAPHIC  OFFICE. 


Sec. 

431.  Establishment  of  oflace. 

432.  Maps,  charts,  &c. 

433.  Money  received  from  sale. 
686.  Foreign  hydrographic  surveys. 

Title  10. 


Sec. 

3692.  Proceeds  of  sales  of  stores, 
to  surveying  expeditions. 

Charts,  how  sold. 

Civil  employees. 


Sec.  431.  There  shall  be  a  Hydrographic  Office  attached  to  the  Bureau 
Hydrograph  i  c  ^^  Navigation  in  the  Navy  Department,  for  the  improvement  of  the 


Maps, 
&,c. 


charts 


Office.  ~  ■  means  for  navigating  safely  the  vessels  of  the  Navy  and  of  the  mer- 
cantile marine,  by  providing,  under  the  authority  of  the  Secretary  of 
the  Navy,  accurate  and  cheap  nautical  charts,  sailing  directions,  navi- 
gators, and  manuals  of  instructions  for  the  use  of  all  vessels  of  the 
United  States,  and  for  the  benefit  and  use  of  navigators  generally. 
21  June,  1866,  s.  1,  v.  14,  p.  69. 

Sec.  432.  The  Secretary  of  the  Navy  is  authorized  to  cause  to  be  pre- 
pared, at  the  Hydrographic  Office  attached  to  the  Bureau  of  Navigation 
in  the  Navy  DSpartraent,  maps,  charts,  and  nautical  books  relating  to 
and  required  in  navigation,  and  to  publish  and  furnish  them  to  naviga- 
tors at  the  cost  of  printing  and  paper,  and  to  purchase  the  plates  and 
copyrights  of  such  existing  maps,  charts,  navigators,  sailing  directions 
and  instructions,  as  he  may  consider  necessary,  and  when  he  may  deem 
it  expedient  to  do  so,  and  under  such  regulations  and  instructions  as  he 
may  prescribe. 

Ibid.,  8. 2. 
Money  received     Sec.  433.  All  moneys  which  may  be  received  from  the  sale  of  maps, 
maps  charts  &c  ^^^^*®'  ^^^  nautical  books  shall  be  returned  by  the  Secretary  of  the 
'      ■  Navy  into  the  Treasury  of  the  United  States,  to  be  used  in  the  further 
preparation  and  publication  of  maps,  charts,  navigators,  sailing  direc- 
tions, and  instructions  for  the  use  of  seamen,  to  be  sold  at  the  rates 
as  set  forth  in  the  preceding  section. 
Ibid.,  s.  3. 
'^*tle  41.  Sec.  3686.  All  appropriations  made  for  the  preparation  or  publication 

Foreign  hydro  ^^  foreign  hydrographic  surveys  shall  only  be  applicable  to  their  object, 
graphic^surveys'  upon  the  approval  by  the  Secretary  of  the  Navy,  after  a  report  from  three 
•  competent  naval  officers,  to  the  effect  that  the  original  data  for  proposed 
charts  are  such  as  to  justify  their  publication  ;  and  it  is  hereby  made  the 
duty  of  the  Secretary  of  the  Navy  to  order  a  board  of  three  naval  officers 
to  examine  and  report  upon  the  data,  before  he  shall  approve  of  any 
application  of  money  to  the  preparation  or  publication  of  such  charte 
or  hydrographic  surveys. 

21  Feb.,  1861,  s.  7,  v.  12,  p.  150. 
Proceeds  of  cer-      Sec.  3692.  All  moneys  received  from     *     *     *     *     sale  of  materials, 
mateSf'  ^^'     stores,  or  supplies  to  any  exploring  or  surveying  expedition  authorized 
by  law,  shall  respectively  revert  to  that  appropriation  out  of  which 

*  An  act  approved  Feb-  3,  1879,  chap.  44,  provides  for  headstones  for  soldiew 
graves  in  private  cemeteries.    Y.  20,  p.  281 . 


LINE    OFFICERS    OF    THE    NAVY. 


45 


they  were  originally  expended,  and  shall  be  applied  to  the  purposes 
for  which  they  are  appropriated  by  law. 
8  May,  1872.  a.  5,  v.  17,  p.  83. 

3  March,  1847,  a.  1,  v.  9,  p.  171. 
20  April,  1866,  sa.  1,  2,  v.  14,  p.  40. 
28  July,  1866,  a.  25,  v.  14,  p.  336. 
8  Jiino,  1872,  v.  17,  p.  337. 

All  charts  hereafter  furnished  to  mariners  or  others  not  in  the  Gov- 
ernment service  shall  be  paid  for  at  the  cost  price  of  paper  and  print-  ^.j^^JJ*  P"*'®  ^^^ 
ing  paid  by  the  Government. 

14  Feb.,  1879,  v.  20,  p.  284. 

4  May,  1878,  v.  20,  p.  50. 

Hydrographic  Office :  For  chief  of  engraving  and  draughting,  two 
thousand  four  hundred  dollars ;  two  clerks  of  class  two ;  one  assistant 
messenger ;  and  one  office  attendant,  four  hundred  and  twenty  dollars; 
in  all,  six  thousand  three  hundred  and  forty  dollars. 

For  draughtsmen,  engravers,  copyists,  copper-plate  printers,  print- 
ers' apprentices,  and  laborers  in  the  Hydrographic  Office,  thirty-two 
thousand  six  hundred  and  sixty  dollars. 

3  March,  1883.    [Legislative  appropriation  act. J 


14.  Feb.  1879. 


3  March,  1883. 
Civil  employees 


LINE  OFFICEES  OF  THE  KAYY. 


1362.  Grades  of  line  officera. 

Changevof  titles. 

1363.  Number  on  the  active  list. 

Restriction. 

1364.  When  exceeded. 

1365.  Selection  of  rear-admirals  during  war. 

1366.  Promotion  of  rear-admirals  during  peace. 

1367.  Secretaries  to  Admiral,  &c. 

Officers  as  secretaries  and  clerks  afloat. 


Sec. 

1434.  Command  of  squadrons,  flag-officer. 

1435.  Assignment  of  lieutenant-commanders. 

1467.  Rank  of  line  officers. 

1468.  Precedence  of  commanding  officera. 

1469.  Aid  or  executive. 

1470.  Rights  of  staff'  officers,  senior  to  aid. 
1472,  Line  officer  as  chief  of  a  bureau. 
1490.  EnsigTia  as  steerage  officera. 


Sec.  1362.  The  active  list  of  the  line  officers  of  the  Navy  of  the  United  Title  15,  Chap.;i. 
States  shall  be  divided  into  eleven  grades,  as  follows,  namely  :  Grades  of  lino 

First.  Admiral.  officera. 

Second.  Vice- Admiral. 
Third.  Kear-admirals. 
Fourth.  Commodores. 
Fifth.  Captains. 
Sixth.  Commanders. 
Seventh.  Lieutenant-commanders. 

Eighth.  Lieutenants.  » 

Ninth.  Masters.     [See  act  March  3,  1883.] 
Tenth.  Ensigns. 

Eleventh.  Midshipmen.     [See  act  March  3,  1883. ] 

Provided,  That  vacancies  occurring  in  the  grades  of  Admiral  and  y.-^*^^^''''''^   ^"+^ 
Vice-Admiral  shall  not  be  filled  by  promotion,  or  in  any  other  manner ;  cea^se.    ^^'^^ 
and  that  when  the  offices  of  said  grades  shall  become  vacant,  the  grade 
itself  shall  cease  to  exist. 

16  July,  1862,  s.  1,  v.  12,  p.  583. 

21  Dec.,  1864,  s.  1,  v.  13,  p.  420. 

25  July,  1866,  s.  1,  v.  14,  p.  222.    > 

2  March,  1867,  s.  1,  v.  14,  p.  516. 

24  Jan.,  1873,  v.  17,  p.  418. 

The  title  of  master  is  hereby  changed  to  that  of  lieutenants,  and  the     3  March,  1883. 

masters  now  on  the  list  shall  constitute  a  junior  grade  of,  and  be  com-  ~^. j~ 

missioned  as,  lieutenants,  having  the  same  rank  and  pay  as  now  pro-  ter  and^m'ixlshfp- 

vided  by  law  for  masters,  but  promotion  to  and  from  said  grade  shall  man  charged. 

be  by  examination  as  provided  by  law  for  promotion  to  and  from  the 

grade  of  master,  and  nothing  herein  contained  shall  be  so  construed  as 

to  increase  the  pay  now  allowed  by  law  to  any  officer  in  the  line  or 

staff;    *    *   the  title  of  midshipman  is  hereby  changed  to  that  of  ensign, 

and  the  midshipm6n  now  on  the  list  shall  constitute  a  junior  grade  of, 

and  be  commissioned  as,  ensigns,  having  the  same  rank  and  pay  as  now 

provided  by  law  for  midshipmen,  but  promotions  to  and  from  said 

grade  shall  be  under  the  same  regulations  and  requirements  as  now 

provided  by  law  for  promotion  to  and  from  the  grade  of  midshipmen, 

and  nothing  herein  contained  shall  be  so  construed  as  to  increase  the 


46  LINE    OFFICERS    OF    THE    NAVY. 

pay  now  allowed  by  law  to  any  officer  of  said  grade  or  of  any  officer  ox 
relative  rank. 

3  March,  1883,  P.  E.  L.,  p.  97.     |Navy  appropriation  act.] 

Title  15,  Chap.  1.  Sec.  1363.  There  shall  be  allowed  on  the  active  list  of  the  line  officers 
Number  on  the  o^  til©  Navy  one  Admiral,  one  Vice-Adtniral,  six  rear-admirals,  ten  com- 

activelist.  modores,  fortij-jive  captains,  eighty-Jive  commanders,  seventy -four  lieu- 

tenant-commanders, two  hundred  and  fifty  lieutenants,  seventy-five  mas- 
ters, and  seventy-five  ensigns. 

25  July,  1866.  s.  1,  v.  14,  p.  222. 

15  July,  1870,  8S.  9,  10,  v.  16,  p.  333, 
5  Aug.,  1882,  P.  E.,  p.  286. 

5  Aug.,  1882.        Hereafter  only  one-half  of  the  vacancies  ia  the  various  grades  in  the 
Rule    f  romo-  ^^^^  ®^  *^^  Navy  shall  be  filled  by  promotion  until  such  grades  shall  be 
tion  in  the^Hne.    reduced  to  the  following  numbers  [as  iu  sec.  1363],  and  thereafter  pro- 
motions to  all  vacancies  shall  be  made  but  not  to  increase  either  of  said 
grades  above  the  the  number  aforesaid. 
5  Aug.,  1882,  P.  E.,  p.  286. 
Title .15,  Chap.  1.     gg^.^  13G4.  The  provisions  of  the  foregoing  section  [  1363  and  August  5, 
"When       ex-  1B82]  shall  not  have  the  effect  to  vacate  the  commission  of  any  lieuten- 
ceeded.  aut-commander,  lieutenaut,  laaster,  or  ensign  appointed  according  to 

law,  in  excess  of  the  respective  number  tlierein  fixed;  aor  to  preclude 
the  advancement  of  any  officer  to  a  higher  grade,  for  distinguished  con- 
duct in  battle,  or  for  extraordinary  heroism,  under  the  provisions  of 
sections  fifteen  hundred  and  six  and  fifteen  hundred  and  eight.  [Pro- 
motion. ] 

25  July,  1866,  ss.  1,  2,  v.  14,  p.  222. 

16  July,  1862,  s.  9,  v.  12,  p.  584. 

Selection  of  Sec.  1365.  During  war  rear-admirals  shall  be  selected  from  those 
rear-adm  i  ral  s  officers  on  the  active  list,  not  below  the  grade  of  commanders,  who  shall 
danng  war.  Jiave  eminently  distinguished  themselves  by  courage,  skill,  and  genius 

in  their  profession;  but  no  officer  shall  be  so  promoted,  under  this  pro- 
vision, unless,  upon  recommendation  of  the  President  by  name,  he  has 
received  the  thanks  of  Congress  for  distinguished  service. 
16  July,  1862,  s.  7,  v.  12,  p.  584. 

Promotion     of     Skc.  1366.  During  peace,  vacancies  in  the  grade  of  rear-admiral  shall 
rear-admiral  s  -^^  filled  by  regular  promotion  from  the  list  of  commodores,  subject  to 
urmg peace.       examination  according  to  law.     [See  Promotion;   also  act  Aug.  5, 
1882,  awte.] 

16  July,  1862,  s.  7,  v.  12,  p.  584. 

Secretaries    to     Sec.  1367.  The  Admiral  and  Vice-Admiral  shall  each  be  allowed  a  sec- 

^•*^"**^i"*-^  1^^  retary,  who  shall  be  entitled  to  the  rank  and  allowances  of  a  lieutenant 
Vice-Admual.       .^  ^^^  'j^^^^ _     ,- g^^  ^^^^^  -, 

21  Dec,  1864,  s.  2,  v.  13,  p.  420. 
16  Mav,  1866,  v.  14,  p.  48. 
25  July,  1866,  s.  6,  v.  14.  p.  223. 
2  March,  1867,  s.  1,  v.  14,  p.  516. 

4  May,  1878.         On  and  after  the  first  day  of  July,  eighteen  hundred  and  seventy-eight, 

"T ~ — : 7"  there  shall  be  no  appointments  made  from  civil  life  of  secretaries  or  clerks 

Ad  m?r  ™^and  *«  t^®  Admiral  or  Vice-Admiral,  when  on  sea  service,  commanders  of 
Yice- Admiral  on  squadrons,  or  of  clerks  to  commanders  of  vessels ;  and  an  officer  not  above 
sea  service.  the  grade  of  lieutenant  shall  be  detailed  to  perform  the  duties  of  secre- 

tary to  the  Admiral  or  Vice-Admiral,  when  on  sea  service,  and  one  not 
above  the  grade  of  master*  to  perform  the  duties  of  clerk  to  a  rear-ad- 
miral or  commander,  and  one  not  above  the  grade  of  ensign  to  perform 
the  duties  of  clerk  to  a  captain,  commander,  or  lieutenant-commander 
when  afloat.     *     *     * 

4  May,  1878,  v.  20,  p.  50. 

Title  15,  Chap.  2.      Sec.  1434.  The  President  may  select  any  officer  not  below  the  grade 
Command  of  ^^  commander  on  the  active  list  of  the  Navy,  and  assign  him  to  the  com- 
squadions.  mand  of  a  squadron,  with  the  rank  and  title  of  "flag-officer;"  and  any 

officer  so  assigned  shall  have  the  same  authority  and  receive  the  same 
obedience  from  the  commanders  of  ships  in  his  squadron,  holding  com- 
missions of  an  older  date  than  his,  that  he  would  be  entitled  to  receive 
if  his  commission  were  the  oldest. 

21  Dec.,  1861,  8.  4,  v.  12,  p.  329. 

*  Lieutenant  of  the  junior  grade.     (March  3, 1883.) 


MATES.  47 

Sec.  1435.  Lieutenant-commanders  may  he  assigned- to  duty  as  first    Lieutenant- 
lieutenants  of  naval  stations,  as  navigation  and  watch  officers  on  board  Jow^aMignable*' 
of  vessels  of  war,  and  as  first  lieutenants  of  vessels  not  commanded  hy 
lieutenant-commanders. 

16  July,  1862,  s.  3,  v.  12,  p.  584. 
25  July,  1866,  s.  5,  v.  14,  p.  228. 

Sec.  1467.  Line  officers  shall  take  rank  in  each  grade  according  to  the  Title  15.  Chap.  4> 
dates  of  their  commissions.  Rank. 

16  July,  1862,  s.  1,  v.  12,  p.  583. 
21  April,  1864,  s.  7,  v.  13,  p.  54. 
24  Jan.,  1865,  s.  1,  v.  13,  p.  424.  \ 

Sec.  1468.  Commanding  officers  of  vessels  of  war  and  of  naval  sta-    CommantHnff 
tions  shall  take  precedence  over  all  officers  placed  under  their  com-  and  Ttetions^^^ 
mand. 

3  March,  1871,  s.  12,  v.  16,  p.  537. 

Sec.  1469.  The  Secretary  of  the  Navy  may,  in  his  discretion,  detail  a  Aid  or  execa- 
line  officer  to  act  as  the  aid  or  executive  of  the  commanding  officer  of  a  tive  oflacer. 
vessel  of  war  or  naval  station,  which  officer  shall,  when  not  impracti- 
cable, be  next  in  rank  to  said  commanding  officer.  Such  aid  or  execu- 
tive shall,  while  executing  the  orders  of  the  commanding  officer  on 
board  the  vessel  or  at  the  station,  take  precedence  over  all  officers 
attached  to  the  vessel  or  station.  AH  orders  of  such  aid  or  executive 
shall  be  regarded  as  proceeding  from  the  commanding  officer,  and  the 
aid  or  executive  shall  have  no  independent  authority  in  consequence 
of  such  detail. 

3  March,  1871,  s.  12,  v.  16,  p.  537. 

Sec.  1470.  Staff  officers,  senior  to  the  officers  so  detailed,  shall  have     Rights  of  staff- 
the  right  to  communicate  directly  with  the  commanding  officer.  officers. 

3  March,  1871,  s.  12,  v.  16,  p.  537. 
Sec.  1472.  When  the  office  of  Chief  of  Bureau  is  tilled  by  a  line  officer     Relative   rank 
below  the  rank  of  commodore,  said  officer  shall  have  the  relative  rank  ^Jureau^^^*     ^ 
of  commodore  during  the  time  he  holds  said  office. 
3  March,  1871,  s.  12,  v.  16,  p.  537. 

Sec.  1490.  Ensigns  shall  be  steerage  officers,  unless  assigned  to  duty     Ensigns    as 
as  watch  and  division  officers.  steerage  officers. 

15  July,  1870,  8.  10,  v.  16,  p.  334. 

Pay  of  Line  Officers.     [See  under  Pay  of  the  Navy.] 
Promotion,     f  See  under  that  head.] 
Retirement.     [See  under  that  head.] 


MATES. 

Sec.  .  I   Sec. 

1408.  Seamen  may  he  rated  as  mates.  1556.  Pay  of  mates. 

1409.  Rating  shall  not  discharge  from  enlistment.   I 

Sec.  1408.  Mates  may  be  rated,  under  authority  of  the  Secretary  of  Title  16,  Chap.  1. 
the  Navy,  from  seamen  and  ordinary  seamen  who  have  enlisted  in  the  ~^  r~ 

naval  service  for  not  less  than  two  years.  rated'as^^tes.  ^ 

17  May,  1864,  s.  3,  v.  13,  p.  79. 

3  March,  1865,  s.  3,  v.  13,  p.  539. 

Sec.  1409.  The  rating  of  an  enlisted  man  as  a  mate,  or  his  appoint-     Rating  shall 

ment  as  a  warrant  officer,  shall  not  discharge  him  from  his  enlistment.  ^^   discharge 
^,  '  '^  from  enlistment. 

Idem. 

Sec.  1556.     *     *     *    Mates,  when  at  sea,  nine  hundred  dollars ;  on  Title  15,  Chap.  8. 

shore  duty,  seven  hundred  dollars ;  on  leave,  or  waiting;  orders,  five  — r r — 

hundred  dollars.  Pay  of  mates. 

15  July,  1870,  S.  3,  v.  16,  p.  330. 

Note.— See  Op.  XI,  p.  251,  June  20,  1865,  defining  the  status  of  mates  and  act- 
ing master's  mates.    Not  warranted  officers 


48 


MEDICAL    CORPS. 


MEDICAL  COEPS. 


Sec. 
426,  Chief  of  Bureau. 

1368.  Miedical  Corps,  number  of. 

1369.  Appointments  in,  how  made. 

1370.  Appointment  of  a.S9i3tant  surgeons. 

1371.  Appointment  of  surgeons. 

1372.  Bank  of  assistant  surgeon  in  case  of  delayed 

examination. 

1373.  Surgeon  of  the  fleet. 

1374.  Duties  of  surgeon  of  the  fleet. 


Sec. 

1375.  Details  of  medical  officers  to  Bureau  of  Medi- 
cine and  Surgery. 
1411.  Acting  assistant  surgeons. 
1471.  Rank  and  title  of  chief  of  Bureau. 

1473.  Rank  when  retired. 

1474.  Rank  of  medical  officers. 

1481.  Retired  from -age  or  length  of  service,  rank. 
1556.  Pay. 


Title  10.  Sec.  426.  The  chief  of  the  Bureau  of  Medicine  and  Surgery  ahall  be 

Chief  of  Bureau,  appointed  from  the  list  of  the  surgeons  of  the  Navy. 

5  July,  1862,  a.  1,  v.  12,  p.  510. 

Title  15,  Chap.  1.     Sec.  1368.  The  active  list  of  the  Medical  Corps  of  the  Navy  shall  con- 

■  ,,  ,. — 77,         sist  of  fifteen  medical  directors,  fifteen  medical  inspectors,  fiftv  surgeons, 
Medical  Corps:       j..  •   .       i.        j  i        •   .       .  ^  >.-&  > 

number  of.  ^^^  ninety  assistant  and  passed  assistant  surgeons. 

3  March,  1871,  s.  5,  v.  16,  p.  535. 
5  Aug.,  1882,  P.  E.  L.,  p.  285. 

Appointments  Sec.  1369.  All  appointments  in  the  Medical  Corps  shall  be  made  by 
in,  how  made,      the  President,  by  and  with  the  advice  and  consent  of  the  Senate. 

21  April,  1806,  s.  3,  v.  2,  p.  390. 
16  April,  1814.  s.  5,  v.  3,  p.  125. 
24  May,  1828,  s.  3,  v.  4,  p.  313. 

Appointment  Sec.  1370.  No  person  shall  be  appointed  assistant  surgeon  until  he 
of  .assistant  sur-has  been  examined  and  approved  by  a  board  of  naval  surgeons,  desig- 
geoM.  nated  by  the  Secretary  of  the  Navy;  nor  who  is  under  twenty-one  or 

over  twenty-six  years  of  age. 

24  May,  1828,  s.  1,  v.  4,  p.  313. 
3  March,  1871,  8.  5,  v.  16,  p.  536. 

Appointment     Sec.  1371.  No  person  shall  be  appointed  surgeon  until  he  has  served 

of  surgeons.         as  an  assistant  surgeon  at  least  two  years,  on  board  a  public  vessel  of 

the  United  States  at  sea,  nor  until  he  has  been  examined  and  approved 

for  such  appointment,  by  a  board  of  naval  surgeons,  designated  by  the 

Secretary  of  the  Navy. 

24  May,  1828,  s.  1,  v.  4,  p.  313. 

Note. — The  custom  and  practice  of  the  Xavy  Department  requiring  competi- 
tive examination  of  assistant  surgeons  and  assigning  them  positions  on  the 
Navy  Register,  in  the  order  of  relative  merit  as  ascertained  and  reported  by  the 
board  of  examiners  authorized  by  existing  law  and  regulations,  is  not,  under 
the  present  law,  correct. 

Having  passed  the  neeessary  examination  for  promotion,  the  claim  of  *  *  * 
to  be  promoted  according  to  seniority  is,  in  mv  opinion,  well  founded. — Op.  Feb. 
25,  1881,  Ames  case :  Gen.  order  282. 

Rank  of  assist-     Sec.  1372.  When  any  assistant  surgeon  was  absent  from  the  United 
ant  surgeons  in  States,  Oil  duty,  at  the  time  when  others  of  his  date  were  examined,  he 
examinationf^^    shall,  if  not  rejected  at  a  subsequent  examination,  be  entitled  to  the 
same  rank  with  them;  and  if,  from  any  cause,  his  relative  rank  cannot 
be  assigned  to  him,  he  shall  retain  his  original  position  on  the  register. 
3  March,  1835,  s.  1,  v.  4,  p.  757. 
Surgeon  of  the     ggc.  1373.  The  President  may  designate  among  the  surgeons  in  the 
service,  and  appoint  to  every  fleet  or  sqnadi'on  an  experieuced  and  in- 
telligent surgeon,  who  shall  be  denominated  "  surgeon  of  the  fleet,"  and 
shall  be  surgeon  of  the  flag-shii). 

24  May,  1828,  s.  2,  v.  4,  p.  313. 

Duties  of  sur-  Sec.  1374.  The  surgeon  of  the  fleet  shall,  in  addition  to  his  duties  as 
geon  of  the  fleet,  surgeon  of  the  flag-ship,  examine  and  approve  all  requisitions  for  med- 
ical and  hospital  stores  for  the  squadron  or  fleet,  and  inspect  their 
quality.  He  shall,  in  difficult  cases,  consult  with  the  surgeons  of  the 
several  ships,  and  he  shall  make,  and  transmit  to  the  Navy  Department, 
records  of  the  character  and  treatment  of  diseases  in  the  squadron  or 
fleet. 

24  May,  1828,  s.  2,  v.  4,  p.  313. 


MEDICAL    CORPS.  49 

Skc.  1375.  A  surgeou,  assistant  surgeon,  or  passed  assistant  surgeon,  Detail  of  medi- 
may  be  detailed  as  assistant  to  the  Bureau  of  Medicine  and  Surgery,  Jeau S^aasistsSt 
who  shall  receive  the  highest  shore-pai/  of  his  grade. 

16  July,  1862,  s.  18,  v.  12,  p.  587.        27  Feb.,  1877,  v.  19,  p.  244. 
Note. — By  tlie  act  of  27  Feb  ,  1877,  aectlon  1375  was  to  have  the  same  effect 
as  though  the  aiiieudrueut  (in  italics)  had  been  enacted  therein. 

Sec.  1411.  The  Secretary  of  the  Navy  may  appoint,  for  temporary     Acting   assist- 
service,  such  acting  assistant  surgeons  as  the  exigencies  of  the  service  *°'  aurgeona. 
may  require,  in  case  of  war  only,  who  shall  receive  the  compensati(yi  of 
assistant  surgeons. 

15  July,  1870,  3.  13.  v.  16,  p.  3.34.        3  March,  1865,  3.  6,  v.  13,  p.  539. 

1)  Feb.,  1879,  s.  2,  v.  20,  p.  295. 

Sec.  1471.  The  chief  of  the  Bureau  of  Medicine  and  Surgery  *  ^  *  Title  15,  Chap.  4. 
shall  have  the  relative  rank  of  commodore  while  holding  said  position.  Rank  and  title  of 
and  shall  have     *     *     *     the  title  of  Surgeon-General.     *     *     *  chief  of  Bureau. 

3  March,  1871,  s.  12,  v.  16,  p.  537. 
Sec.  1473.  Officers  who  have  been  or  who  shall  be  retired  from  the     Retired  from 
position  of  chief  of  the  Bureau  of  Medicine  and  Surgery,     *     *     »     by  Position  of  chief 
reason  of  age  or  length  of  service,  shall  have  the  relative  rank  of  com-  ^     "i"ea«- 
modore. 

Idem. 

Skc.  1474.  Officers  of  the  Medical  Corps  on  the  active  list  of  the  Navy  Relative  rank  ot 
shall  have  relative  rank  as  follows:  medical oflBcera. 

Medical  directors,  the  relative  rank  of  captain. 

Medical  inspectors,  the  relative  rank  of  commander.  . 

Surgeons,  the  relative  rank  of  lieutenant-commander  or  lieutenant. 

Passed  assistant  surgeons,  the  relative  rank  of  lieutenant  or  master.* 

Assistant  surgeons,  the  relative  rank  of  master*  or  ensign. 
3  March,  1871,  s.  5,  v.  16,  p.  535. 

Sec.  1481.  Officers  of  the  Medical     *     *     *     Corps     *     *     *     who     Retired  for  age 
shall  have  served  faithfully  for  forty-five  years,  shall,  when  retired,  or  length  of  serv- 
have  the  relative  rank  of  commodore  ;  and    *     *     *     who  have  been  ^'^®- 
or  shall  be  retired  at  the  age  of  sixty-two  years,  before  having  served 
for  forty-five  years,  but  who  shall  have  served  faithfully  until  retired, 
shall,  on  the  completion  of  forty  years  from  their  entry  into  the  service, 
have  the  relative  rank  of  commodore, 

3  March,  1871,  s.  11,  v.  16,  p.  537.  Title  15.  Chap.  8  . 

Sec.  1556.  Fleet-surgeons,  *  *  *  *-  ,  four  thousand  four  hundred  Pay  of  fleet 
dollars.  surgeons. 

Medical  directors,  medical  inspectors,  *  *  c  ^  when  on  duty  at  ors  and^inspect- 
sea,  four  thousand  four  hundred  dollars.  ors. 

When  not  at  sea,  the  same  as  surgeons  and  paymasters,  respectively.     Surgeons. 

Surgeons,  ^  *  *  ^  during  the  first  five  years  after  date'of  commis- 
sion, whan  at  sea,  two  thousand  eight  hundred  dollars;  on  shore  duty, 
two  thousand  four  hundred  dollars ;  on  leave,  or  waiting  orders,  two 
thousand  dollars ;  during  the  second  five  years  after  such  date,  when  at 
sea,  three  thousand  two  hundred  dollars;  on  shore  duty,  two  thousand 
eight  hundred  dollars ;  on  leave,  or  waiting  orders,  two  thousand  four 
hundred  dollars;  during  the  third  five  years  after  such  date,  when  at 
sea,  three  thousand  five  Iiundred  dollars ;  on  shore  duty,  three  thousand 
two  hundred  dollars ;  on  leave,  or  waiting  orders,  two  thousand  six  hun- 
dred dollars;  during  the  fourth  five  years  after  such  date,  when  at  sea, 
three  thousand  seven  hundred  dollars ;  on  shore  duty,  three  thousand 
six  hundred  dollars;  on  leave,  or  waiting  orders,  two  thousand  eight 
hundred  dollars;  after  twenty  years  from  such  date,  when  at  sea,  four 
thousand  two  hundred  dollars;  on  shore  duty,  four  thousand  dollars; 
on  leave,  or  waiting  orders,  three  thousand  dollars. 

Passed  assistant  surgeons,  *  *  »  ^  during  the  first  five  years  after  Passed  assist- 
date  of  appointment,  when  at  sea,  two  thousand  dollars ;  on  shore  duty,  ant  surgeons, 
one  thousand  eight  hundred  dollars ;  on  leave,  or  waiting  orders,  one 
thousand  five  hundred  dollars;  after  five  years  from  such  date,  when  at 
sea,  two  thousand  two  hundred  dollars;  on  shore  duty,  two  thousand 
dollars ;  on  leave,  or  waiting  orders,  one  thousand  seven  hundred  dol- 
lars. 

Note. — The  words  "after  date  of  appointment,"  and  "from  such  date,"  sec. 
1556,  fixing  the  annual  pay  of  passed  assistant  surgeons  of  the  Navy,  refer  not 
to  the  original  entry  of  the  officer  into  the  service  as  an  assistant  surgeon,  bat  to 

*  Lieutenant  of  the  junior  grade.    (Act  of  March  3,  1883.) 

11181 4 


50   NAUTICAL  ALMANAC NAVAL  ACADEMY — NAVAL  CADETS. 

the  notification  by  the  Secretary  of  the  Isavy  that  he haB passed  his  examination 
for  promotion  to  the  grade  ot  surgeon,  and  will  therealter,  until  such  piomo- 
tion,  be  considered  as  a  passed  assistant  surgeon.  A  passed  assistant  surgeoncy 
is  an  office,  and  the  notification  of  the  Secretary  of  the  Navy  is  a  valid  appoint- 
ment to  it. — United  States  v.  Moore,  Otto,  95,  7t)0. 

Assistant   sur-     Assistant  surgeons,     ^r     *     *     ^  during  the  first  five  years  after  date 
geons.  of  appointment,  when  at  sea,  one  thousand  seven  hundred  dollars;  on 

shore  duty,  one  thousand  four  hundred  dollars;  on  leave,  or  waiting 
orders,  one  thousand  dollars;  after  five  years  from  such  date,  when  at 
sea^^one  thousand  nine  hundred  dollars;  on  shore  duty,  one  thousand, 
six  Hundred  dollars;  on  leave,  or  waiting  orders,  one  thousand  two  hun- 
dred dollars. 
Assistant    sur-     Assistant  surgeons  of  three  years'  service,  who  have  been  found  qual- 
geons  qualified  ified  for  promotion  by  a  medical  board  of  examiners,  the  pay  of  i)a88ed- 
lor  promotion,      assistant  surgeons.  ^  ^        t 

15  July,  1870,  s.  3,  v.  16,  pp.  330,  331. 
3  March,  1871,  88.  5,  6,  v.  Itj,  pp.  535,536. 
3  March,  1873,  s.  1,  v.  17,  p.  555. 


NAUTICAL  ALMANAC. 


«ec. 

436.  Superintendent,  pay  of. 

—   Printing  and  sale. 


S  ec. 


Civil  employes. 


Title  10.  Sec.  436.  The  Secretary  of  the  Navy  may  place  the  supervision  of 

SuBerindendent  *^®  Nautical  Almanac  in  charge'  of  any  oflicer  or  professor  of  mathe- 
pay  »f.  '  inaticsin  the  Navy  who  is  competent  for  that  service.     Such  officer  or 

professor,  when  so  employed,  shall  be  entitled  to  receive  the  shore-duty 

pay  of  his  grade,  and  no  other. 

3  March,  1857,  3,  v.  11,  p.  246. 
That  there  shall  be  printed  annually  at  the  Government  Printing. 
~^  Office  fifteen  hundred,  copies  of  the  American  Ephemeris  and  Nautical 
Almanac  and  of  the  papers  supplementary  thereto,  of  which  one  hun- 


11  Feb.,  1880 


Printing  a 
sale  of. 


Representatives,  and  one  thousand  for  the  public  Service,  to  be  dis- 
tributed by  the  Navy  Department. 

Sec.  2.  That  additional  copies  of  the  Ephemeris  and  of  the  Nautical 
Almanac  extracted  therefrom  may  be  ordered  by  the  Secretary  of  the 
Navy  for  sale:  Provided,  That  all  moneys  received  from  such  sale  shall 
be  deposited  in  the  Treasury  to  the  credit  of  the  appropriation  for  pub- 
lic printing. 

11  Feb.,  1880,  v.  21,  p.  301. 

3  March,  1883.        Nautical  Almanac  Office :  For  the  following  assistants,  namely :  Thie& 

"  ^.  .. ' — —  at  one  thousand  six  hundred  dollars  each ;  two  at  one  thousand  four 

ly  emp  oy  s-  jmjj(jj.g(^  dollars  each ;  three  at  one  thousand  two  hundred  dollars  each ; 
two  at  one  thousand  dollars  each  ;  one  assistant  messenger ;  and  one^ 
copyist,  at  four  hundred  and  eighty  dollars;  in  all,  fourteen  thousand 
four  hundred  dollars. 

For  pay  of  computers  on  piece-work  in  preparing  for  publication  the 
American  Ephemeris  and  Nautical  Almanac,  and  improving  the  Tables, 
of  the  Planets,  eight  thousand  six  hundred  dollars. 

3  March,  1883,  P.  E.,  L.,  p.  554.      [Legislative  act.] 


NAYAL  ACADEMY— NAVAL  CADETS. 


Sec. 

1483.  Rank  of  graduates  of  the  Academy. 

1511.  Where  established. 

1512.  Title  of  students. 

1513.  Number  of  naval  cadets. 

1514.  Nomination  of  candidates. 

1515.  Examination  of  candidates. 

1516.  Second  recommendation. 

1517.  Qualifications. 
Traveling  expenses. 

1518.  Appropriations,  how  applied. 

1519.  Naval  cadets  found  deficient. 

1520.  Academic  course. 


Sec. 

1521.  Promotion  to  midshipmen. 

1522.  Naval  constructors  and  steam  engineers. 

Special  course. 

1526.  Studies  not  to  be  pursued  on  Sunday. 

1527.  Store-keeper  at  the  Academy. 

1528.  Professors  of  ethics,  Spanish,  and  drawia^ 
1556.  Pay  of  cadets,  &c. 

1577.  Rations. 

Prevention  of  hazing.   / 

Board  of  Visitors. 

Pay  of  civil  oificers. 


NAVAL  ACADEMY — NAVAL  CADETS.  51^ 

Sec.  1483.  Graduates  of  the  Naval  Academy  shall  take  rank  accord-  Title  15,  Chap.  4. 
iuff  to  their  proficiency  as  shown  by  their  order  of  merit  at  the  date  of  ~I    ;    ~       ^ 
graduation.  atS^of^^^S 

23  May,  1872,  8.  1,  v.  17,  p.  153.  Academy.  ^^'"^ 

Note.— The  positions  given  the  midshipmen  on  their  final  examination  (sec- 
tions 1483  and  1521)  cannot  be  disturbed.  See  Ops.  XI,  p.  158;  XV,  p.  637; 
XVI,  p.  296 ;  Court  of  Claims,  X,  p.  474 ;  Op.  Aug.  12, 1881. 

Sec.  1511.  The  Naval  Academy  shall  be  established  at  Annapolis,  in  Title  15,  Chap.  5. 

the  State  of  Maryland.  .  ^  Where  estab- 

21  May,  1864,  s.  4,  v.  13,  p.  85.  lished. 

Sec.  1512.  [  Superseded  by  act  of  Augusts,  1882,  as  follows:]  Provided,  ,™^  of  stu- 
That  hereafter  there  shall  be  no  appointments  of  cadet -midshipmen  ^" 
or  cadet-engineers  at  the  Naval  Academy,  but  in  lieu  thereof  naval  ca- 
dets shall  be  appointed  from  each  Congressional  district  and  at  large, 
as  now  provided  by  law  for  cadet-midshipmen,  and  all  the  undergrad- 
uates at  the  Naval  Academy  shall  hereafter  be  designated  and  called 
* '  naval  cadets ; "  and  from  those  who  successfully  complete  the  six  years' 
course  appointments  shall  hereafter  be  made  as  it  is  necessary  to  fill 
vacancies  in  the  lower  grades  of  the  line  and  Engineer  Corps  of  the  Navy 
and  of  the  Marine  Corps:  And  provided  further,  That  no  greater  number 
of  appointments  into  these  grades  shall  be  made  each  year  than  shall 
equal  the  number  of  vacancies  which  has  occurred  in  the  same  grades 
during  the  preceding  year;  such  appointments  to  be  made  from  the 
graduates  of  the  year,  at  the  conclusion  of  their  six  years' course,  in  the 
order  of  merit,  as  determined  by  the  academic  board  of  the  Naval  Acad-  ^S^ 

emy ;  the  assignment  to  the  various  corps  to  be  made  by  the  Secretary  ^^. 

of  the  Navy  upon  the  recommendation  of  the  academic  board.  But 
nothing  herein  contained  shall  reduce  the  number  of  appointments  from 
such  graduates  below  ten  in  each  year,  nor  deprive  of  such  appointment 
any  graduate  who  may  complete  the  six  years'  course  during  the  year 
eighteen  hundred  and  eighty-two.  And  if  there  be  a  surplus  of  gradu- 
ates, those  who  do  not  receive  such  appointment  shall  be  given  a  cer- 
tificate of  graduation,  an  honorable  discharge,  and  one  year's  sea-pay, 
as  now  provided  by  law  for  cadet-midshipmen;  and  so  much  of  section 
fifteen  hundred  and  twenty-one  of  the  Revised  Statutes  as  is  inconsist- 
ent herewith  is  hereby  repealed. 

That  any  cadet  whose  position  in  his  class  entitles  him  to  be  retained 
in  the  service  may,  upon  his  own  application,  be  honorably  discharged 
at  the  eod  of  four  years'  course  at  the  Naval  Academy,  with  a  proper 
certificate  of  graduation. 

5  Aug. ,  1882,  P.  E.  L.,  p.  285. 

Sec,  1513.  There  shall  be  allowed  at  said  Academy  one  naval  cadet    ^«m^ef  o^  »» 
for  every  Member  or  Delegate  of  the  House  of  Representatives,  one  for  ^*  ^^ 
the  District  of  Columbia,  and  ten  appointed   annually  at  large  :  Pro- 
vided, however,  That  there  shall  not  be  at  any  time  more  in  said  Academy 
appointed  at  large  than  ten. 

2  March,  1867,  s.  8,  v.  14,  p.  517.  17  June,  1878,  v.  20,  p.  143. 

15  July,  1870,  s.  12,  v.  16,  p.  334.  5  Aug.,  1882,  P.  E.,  p.  285. 

NCTE. — A  joint  resolution,  approved  July  25,  1868,  v.  15,  p.  261,  authorizes 
the  Secretary  of  the  Navy  to  receive  for  instruction  at  the  Naval  Academy,  not 
exceeding  six  persons,  to  be  designated  by  the  government  of  the  empire  of 
J {i\)SiT\,  provided  that  no  expense  shall  thereby  accrue  to  the  United  States; 
and  that  the  Secretary  of  the  Navy  may,  in  the  case  of  the  said  persons,  modify 
or  dispense  with  any  provisions  of  the  rules  and  regulations  of  the  said  Acad- 
emy which  circumstances  may,  in  his  opinion,  render  necessary  or  desirable. 

Sec.  1514.  The  Secretary  of  the  Navy  shaU,  as  soon  after  the  5th  of    Nomination  of 
March  in  each  year  as  possible,  notify,  in  writing,  each  Member  and  ^^'^d^dates. 
Delegate  of  the  House  of  Representatives  of  any  vacancy  that  may  exist 
in  his  district.     The  nomination  of  a  candidate  to  fill  said  vacancy  shall 
be  made  upon  the  recommendation  of  the  Member  or  Delegate,  if  such 
recommendation  is  made  by  the  first  day  of  July  of  that  year;  but  if  it 
is  not  made  by  that  time,  the  Secretary  of  the  Navy  shall  fill  the  vacancy. 
The  candidate  allowed  for  the  District  of  Columbia  and  all  the  candi- 
dates appointed  at  large  shall  be  selected  by  the  President. 
16  July,  1862,  s.  11,  v.  12,  p.  585. 

Sec.  1515.  All  candidates  for  admission  into  the  Academy  shall  be    Examination  of 
examined  according  to  such  regulations  and  at  such  stated  times  as  the  candidates. 
Secretary  of  the  Navy  may  prescribe.      Candidates  rejected  at  such 
examination  shall  not  have  the  privilege  of  another  examination  for 


52  NAVAL  ACADEMY NAVAL  CADETS. 

admission  to  the  same  class,  unless  recommended  by  the  board  ot 
examiners. 

16  July,  1862,  s.  11,  v.  12,  p.  585.  17  Apiil,  1866,  s.  5,  v.  14,  p.  38. 

Note. — Section  1515  is  to  be  read  am  if  the  dates  fixed  by  the  regulations  of 
the  Academy  for  the  examination  of  candidates  for  admission  were  inserted 
therein ;  and  hence  by  the  existing  law  the  season  for  recommendations  and 
nominations  of  naval  cadets  begins  after  the  5th  of  March  and  expires  on  the 
22d  of  September  in  each  year. — Op.  XVI,  p.  621.  This  opinion  was  given  in 
the  case  of  a  member  whose  "candidates,  sent  down  in  June,  and  September  failed, 
and  he  wished  to  send  another  in  January  following.  It  was  held  that  no 
nomination  could  be  made  until  after  the  5th  of  March. 

Second  recom-     Sec.  1516.  When  any  candidate  who  has  been  nominated  upon  the 
mendatiou.  recommendation  of  a  Member  or  Delegate  of  the  House  of  Representa- 

tives is  found,  upon  examination,  to  be  physically  or  mentally  distiuali- 
fied  for  admission,  the  Member  or  Delegate  shall  be  notified  to  recom- 
mend another  candidate,  who  shall  be  examined  according  to  the  pro- 
visions of  the  preceding  section. 

16  July,  1862,  s.  11,  v.  12,  p.  585.         17  July,  1866,  s.  5,  v.  14,  p.  38. 

Qualifications.  8ec.  1517.  Candidates  allowed  for  congressional  districts,  for  Terri- 
tories, and  for  the  District  of  Columbia  must  be  actual  residents  of  the 
districts  or  Territories,  respectively,  from  which  they  are  nominated. 
And  all  candidates  must,  at  the  time  of  their  examination  for  admisswn, 
be  between  the  ages  of  fourteen  and  eighteen  years,  and  physically 
sound,  well  formed,  and  of  robust  constitution. 

14  July,  1862,  s.  9.  v.  12,  p.  565.        16  July,  1862,  s.  11,  v.  12,  p.  585. 
1  April,  1864,  s.  2,  v.  13,  p.  39. 
Note. — A  candidate  under  fourteen  or  over  ■eighteen  years  of  age  is   not 
between  the  two  ages,  and  cannot  be  appointed.— Op.  10,  p.  315,  July  29, 1862.    For 
further  discussion  of  the  subject  of  appointments  see  Op.  10,  pp.  46, 495.    Op.  16, 
p.  621. 

[The  naval  appropriation  act  of  March  3,  1883,  provides  for  the  act- 
ual and  necessary  traveling  expenses  of  naval  cadets  while  proceed- 
ing from  their  homes  to  the  Naval  Academy  for  examination  and  ap- 
pomtment  as  naval  cadets.  Such  expenses  are  not  allowed  to  those 
not  appointed.]  • 

Appropriations,      Seci  1518.  No  money  appropriated  for  the  support  of  the  Naval  Acaii- 
how  applied.        gjjiy  giiall  be  applied  to  the  support  of  any  naval  cadet  appointed  other- 
wise than  in  strict  conformance  with  the  provisions  of  this  chapter. 
21  May,  1864,  s.  1,  v.  13,  p.  84.        5  Aug.,  1882,  P.  E.  L.,  p.  285. 
Cadet-midship-      Sec.  1519.  Naval  cadets  found  deficient  at  any  examination  shall  not 
cient  ^^^^^  ^^^'  ^^  continued  at  the  Academy  or  in  the  service  "unless  upon  the  recom- 
mendation of  the  academic  board. 

16  July,  1862,  s.  11,  v.  12,  p.  585.  5  Aug.,  1882,  P.  E.  L.,  p.  285. 

KoTES.— Under  section  1519  the  Secretary  of  the  Xavy  has  no  right  to  con- 
tinue at  the  Academy  cadets  found  at  any  examination  deficient  in  theii'  studies, 
without  the  recommendation  of  the  Academic  Board. — Op.  XV,  p.  634. 

By  statutory  definition,  cadets  are  not  to  be  included,  in  general,  in  legislation 
confined  to  "officers'"  of  the  Xavy. — Idem. 

Cadets,  after  the  four  years"  course,  are  not  entirely  emancipated  from  pro- 
bationary study ;  they  are  students  at  sea.— Op.  XVI,  p.  296. 

Academic      Sec.  1520.  The  academic  course  of  7iaval  cadets  shall  be  six  years, 
-course.  *  3  March,  1873,  s.  1,  v.  17,  p.  555.,         5  Aug.,  1882,  P.  E.  L.,  p.  285. 

XOTE  -^Under  the  act  of  July  4, 1864,  s.  5,  v.  13,  p.  393,  the  academic  course  of 
cadet  engineers  was  two  years,  and  by  the  act  of  3  March,  1873,  s.  1,  v.  17,  p.  555, 
the  course  of  instruction  Vas  made  four  years,  including  "'  two  years  of  service 
in  naval  steamers,  in  addition  to  the  period  at  the  Xaval  Academy  now  pro- 
vided by  law."    An  act  approved  Feb.  24,  1874,  s.  2,  v.  18,  p.  17,  provided  that 
after  the  30th  of  June,  1874,  the  course  of  instiiiction  at  the  Naval  Academy  for 
cadet  engineers  should  be  four  years,  instead  of  two,  the  provision  to  fir.st  apply 
to  the  class  of  cadet  engineers  entering  the  Academy  in  the  year  1874,  and  to 
all  subsequent  classes. 
Promotion  to     Sec.  1521.  When  cadet  midshipmen  shall  have  passed  successfully 
midshipmen.        ^^^  graduating  examination  at  the  Academy,  they  shall  receive  ap- 
pointments as  midshipmen  and  shall  take  rank  according  to  their  pro- 
ficiency as  shown  by  the  order  of  their  merit  at  date  of  graduation. 
[See  sec.  1512,  and  note  under  sec.  1483.] 
15  July,  1870,  s.  12,  v.  16,  p  334. 
Note.— This  section  has  been  entirely  altered  by  the  act  of  August  5, 1882,  as 
given  in  section  1512,  above,  and  the  act  of  March"^3, 1883,  under  Line  Officer^, 
changing  the  title  of  midshipman  to  that  of  ensign. 
Constru  c  tors     Sec.  1522.  The  Secretary  of  the  Navy  is  authorized  to  make  provision, 
and    steam-engi-  jjy  regulations  issued  by  him,  for  educating  at  tlie  Naval  Academy,  as 
"^^^^'  »        naval  constructors  or  steam  engineers,  such  midshipmen  and  ethers  as 

may  show  a  peculiar  aptitude  therefor.     He  may,  for  this  purpose,  form 


NAVAL  ACADEMY NAVAL  CADETS.  53 

a  separate  class  at  the  Academy,  to  be  styled  cadet  engineers,  or  other- 
wise afford  to  such  persons  all  proper  facilities  for  such  a  scientific  me- 
chanical education  as  will  fit  them  for  said  professions. 
4  July,  1864,  8. 1,  V.  13,  p.  393. 
Note. — While  so  mnch  of  this  section  as  authorized  the  formation  of  a  class 


to  be  styled  cadet  engineers  is,  in  eflfect,  repealed  by  the  act  of  August  5, 1882, 
sec.  1512,  ante,  there  still  seems  to  be  authority  left  to  educate  at  the  Acad- 
emy persons  for  constructors,  at  least.— See,  in  this  connection,  next  paragraph. 


That  the  Secretary  of  the  Navy  may  prescribe  a  special  course  of    .5  Aug.,  1882. 

study  and  trainint;  at  home  or  abroad  for  any  naval  cadet.  ^      t'T' 

•^  »  "  Special  course. 

5  Aug.,  1882,  P.  E.  L.,  p.  285. 

Note. — The  deficiency  act  approved  March  3,  1883,  appropriates  nine  hun- 
dred dollars  tor  tuition  of  two  naval  cadets  at  the  Royal  Naval  College,  Green- 
wich, and  the  naval  appropriation  act  approved  March  3,  1883,  contains  an  item 
under  Contingent  Navy  "  for  cost  of  special  instruction  abroad." 

Sec.  1526.  The  Secretary  of  the  Navy  shall  arrange  the  course  of  Title  15,  Chap.!!. 

studies  and  the  order  of  recitations  at  the  Naval  Academy  so  that  the  '  o7'7- *~r 

students  in  said  institution  shall  not  be  required  to  pursue  their  studies  ^  g  pumieT  o  n 
on  Sunday.  Sunday. 

15  July,  1870,  8.  21,  v.  16,  p.  319. 

Sec.  1527.  The  store-keeper  at  the  Naval  Academy  shall  be  detailed  ^j^^^^'cadlmr  *^* 
from  the  Paymaster's  Corps,  and  shall  have  authority,  with  the  ap- 
proval of  the  Secretary  of  the  Navy,  to  procure  clothing  and  other 
necessaries  for  the  naval  cadets  in  the  same  manner  as  supplies  are  fur- 
nished to  the  Navy,  to  be  issued  under  such  regulations  as  may  be  pre- 
scribed by  the  Secretary  of  the  Navy. 

2  March,  1867,  s.  4,  v.  14,  p.  516.        5  Aug.,  1862,  P.  E.  L.,  p.  285. 

Sec.  1528.  Three  professors  of  mathematics  shall  be  assigned  to  duty  Professors  of 
at  the  Naval  Academy,  one  as  professor  of  ethics  and  English  studies,  and^diawfng.'*  ' 
one  as  professor  of  the  Spanish  language,  and  one  as  professor  of  drawing. 

21  May,  1864,  s.  3,  v.  13,  p.  85. 

Note.— The  three  professors  of  mathematics  for  duty  at  the  Naval  Academy 
(ethics  and  English,  Spanish,  and  drawing)^  should  be  commissioned  as  profes- 
sors of  mathematics,  under  this  section,  after  passing  the  examination  required 
by  act  of  January  21, 1881.— Op.  May  18, 1881,  McVeagh. 

Sec.  1556.  *  *  Cadet  midsipmen,  five  hundred  dollars.  During  such  Title  15,  Chap.  8. 
period  of  their  course  of  instruction  as  they  shall  he  at  sea  in  other  than  ^  ^^  cadet- 
practice- ships,  not  exceeding  nine  hundred  and  fifty  dollars.  midshipmen. 

15  July,  1870,  s.  3,  v.  16,  t).  330.        3  March,  1877.  v.  19,  p.  390. 

16  July,  1862,  s.  15,  v.  12,  p.  586. 

That  the  pay  of  nava^  cadets  shall  be  that  now  allowed  by  law  to     5,  Aug.,  1882. 

cadet  midshipmen.  — ; z :; — 

^  Pav  of  naval  ca- 

5  Aug.,  1882,  P.  E.  L.,  p.  285.  dtts 

Note. — Cadet  engineers  who  complete  the  six  years'  course,  pass  success- 
fully, and  are  subsequently  commissioned  assistant  engineers,  to  fill  vacancies, 
are  entitled  to  the  pay  of  the  latter  grade  from  the  date  they  take  rank  therein, 
when  siibsequent  to  the  vacancies  they  are  appointed  to  fill.  The  words  "any 
officer  of  the  Navy,"  act  June  22,  1874,  chap.  392,  sec.  1,  comprehend  cadet  en- 
gineers. They  are  officers  within  the  meaning  of  sections  1557  and  1558,  and  of 
a  class  subject  to  examination,  sec.  1562.  The  signification  of  the  word  "offi- 
cer," art.  36,  sec.  1624,  as  given  in  Op.  15,  p.  635,  has  reference  to  the  sense  in 
which  that  word  is  used  in  said  article,  between  which  and  the  statutory  pro- 
visions herein  cited  there  is  no  connection. — Op.  April  10, 1882,  Brewster. 

Sec.  1577.  Midshipmen  and  naval  cadets  in  the  Navy  shall  be  entitled  Title  15,  Chap.8. 
to  one  ration,  or  to  commutation  therefor.  "Rations 

28  July,  1866,  s.  8,  v.  14,  p.  322.        28  Feb.,  1867,  s.  2,  v.  14,  p.  416. 
5  Aug.,  1882,  P.  E.,  p.  285, 

Note.—  Although  the  title  of  midshipman  has  been  abolished  or  merged  in 
that  of  ensign,  constituting  a  junior  grade  thereof,  the  latter  continue  entitled 
to  a  ration. 

In  all  cases  when  it  shall  come  to  the  knowledge  of  the  superintend-    23  June,  1874, 

ent  of  the  Naval  Academy,  at  Annapolis,  that  any  naval  cadet  has  been  —^ — : „  ■ 

guilty  of  the  offense  commonly  known  as  hazing,  it  shall  be  the  duty  of  .^g^^  Academy.  ** 
said  superintendent  to  order  a  court-martial,  composed  of  not  less  than 
three  commissioned  officers,  who  shall  minutely  examine  into  all  the     offenders  to  b« 
facts  and  circumstances  of  the  case  and  make  a  finding  thereon  ;  and  any  conrt-martlaled. 
naval  cadet  found  guilty  of  said  offense  by  said  court  shall,  upon  recom- 


54  NAVAL    CONxSTRUCTORS. 

Cadet    f  0  a  n  d  mendation  of  said  court  be  dismissed ;  and  such  finding,  when  approved 
missed  *^  ^^  "^^^'by  said  superintendent,  shall  be  final ;  and  the  cadet  so  dismissed  from 
To  be  forever  ^^^^  Naval  Academy  shall  be  forever  ineligible  to  reappointment  to  said 
inelig:ible  to  ro-  Naval  Academy, 
appointment.  23  June,  1874,  v.  18,  p.  203. 

5  Aug.,  1882,  a.  1,  P.  E.  L.,  p.  285. 
Notes. — Finding  approved  by  the  superintendent  final.  Secretary  of  the 
Navy  no  power  to  review  it — he  can  only  proceed  to  execute  the  sentence.  Taft, 
Beale's  case,  Nov.  20. 1876  [not  printed].  Designed  to  cut  off  a  cadet  found 
guilty  of  the  offense,  and  sentence  ap))roved  by  superintendent,  from  all  chance 
of  reinstatement  or  reappointment.  Must  seek  relief  from  Congress.  Advises 
against  pardon. — Op.  15,  March  151876,  p.  80. 

When  found  guilty  of  hazing,  the  court  must  recommend  dismissal,  instead  of 
sentencing  to  be  dismissed. — Cases  of  Garrett  and  others,  sentences  set  aside 
by  Secretary  of  the  Navy,  June  9,  1877,  O.  L.  B.,  p.  8. 

Art.  36,  sec.  1624,  does  not  extend  to  cadets  at  the  Naval  Academy.  They 
may  be  dismissed  for  misconduct  without  trial  by  court-martial.  For  hazing 
they  must  be  tried.— Op.  15,  p.  634,  July  10,  1877. 

14  Feb.,  1879.        There  shall  be  appointed  every  year,  in  the  following  manner,  a  Board 
~r~ — T —  of  Visitors,  to  attend  the  annual  examination  of  the  Academy :  Seven 

itOTs^  ^^  persons  shall  be  appointed  by  the  President,  and  two  Senators  and  three 

Members  of  the  House  of  Representatives  shall  be  designated  as  visitors 
by  the  Vice-President  or  President  pro  tempore  of  the  Senate  and  the 
Speaker  of  the  House  of  Representatives,  respectively,  at  the  session  of 
Congress  next  preceding  such  examination.  Each  member  of  said 
board  shall  receive  not  exceeding  eight  cents  per  mile  traveled  by  the 
most  direct  route  from  his  residence  to  Annapolis,  and  eight  cents  per 
mile  for  each  mile  from  said  place  to  his  residence  on  returning. 

14  Feb.,  1879,  v.  20,  p.  284.     [Act  of  March  3,  1883,  appropriated 
$1,500  for  the  expenses  of  the  board.] 

3  March,  1883.       For  pay  of  professors  and  others  :  For  two  professors,  namely,  one  of 

^.  ., ' — 7  mathematics  and  one  of  chemistry,  at  two  thousand  five  hundred  dol- 

and*the^"pay.^  ^  ^^^  each;  three  professors  (assistants),  namely,  one  of  physics,  one  of 
Spanish,  and  one  of  English  studies,  history,  and  law,  at  two  thousand 
two  hundred  dollars  each;   six    assistant  professors,  namely,  four  of 
French,  one  of  English  studies,  history,  and  laws,  and  one  of  drawing, 
I  at  one  thousand  eight  hundred  dollars  each ;  swordmaster,  at  one  thou- 

sand five  hundred  dollars,  and  two  assistants,  at  one  thousand  dollars 
each;  boxing-master  and  gymnast,  at  one  thousand  two  hundred  dol- 
lars ;  assistant  librarian,  at  one  thousand  four  hundred  dollars ;  sec- 
retary of  the  Naval  Academy,  one  thousand  eight  hundred  dollars  ;  three 
clerks  to  superintendent,  at  one  thousand  two  hundred  dollars,  one 
thousand  dollars,  and  eight  hundred  dollars,  respectively  ;  one  clerk  t^ 
commandant  of  cadets,  one  thousand  two  hundred  dollars;  one  clerk  to 
paymaster,  one  thousand  dollars;  onedentist,  (jne  thousand  six  hundred 
dollars.     *     »    * 

3  March,  1883,  P.  E.  L.,  p.  478.     [Naval  appropriation  act.] 

:NrAVAL  CONSTEUCTOES. 

Sec.  !  Sec. 

425.  Chief  of  Bureau.  i  1477.  Rank. 

1402.  Number  and  appointment.  '  1481.  Rank  on  retirement. 

1404.  Duty.  :  1522.  Education  of,  at  Academy. 

1471.  Chief  Constructor.  i  1556.  Pay. 

Title  10.  Sec.  42r>.  The  Chief  of  the  Bureau  of  Construction  and  Repair  shall 

Chief  of  Bureau  ^®  appointed  from  the  list  of  officers  of  the  Navy,  not  below  the  grade 

'  of  commander,  and  shall  be  a  skillful  naval  constructor.     [Sec.  1471.] 

5  July,  1862,  s.  1,  v.  12,  p.  510. 

Note. — See  sec.  1481,  as  to  the  rank  of  constructors  when  retired  from  age 

or  length  of  service. 

Title  15,  Chap.  1.     Sec.  1402.  The  President,  by  and  with  the  advice  and  consent  of  the 
Number      ap-  Senate,  may  appoint  naval  constructors,  who  shall  have  rank  and  pay 
pointment'of,  &c.  as  officers  of  the  Navy, 

25  July,  1866,  s.  7,  v.  14,  p.  223. 
3  March,  1871,  s.  9,  v.  16,  p.  536. 

Duty.  Sec.  1404.  Naval  constructors  may  be  required  to  perform  duty  at  any 

navy-yard  or  other  station. 

3  March,  1845,  s,  2,  V.  5,  p.  7:4. 


ASSISTANT    NAVAL    CONSTRUCTORS.  55 

Sec.  1471.  Tlie  Chief  of  the  Bureau  of  *  ^  *  Construction  and  Title  15,  Chap.  ♦. 
IRepair  shall  have  the  relative  rank  of  commodore  while  holding  said  chief  Conatruo- 
position,  and  shall  have  the  title     *     *     of  Chief  Constructor.  tor. 

3  March,  1871,  8. 12,  v.  16,  p.  537. 
Sec.  1477.  Of  the  naval  constructors,  two  shall  have  the  relative  rank    Rank. 
•of  captain,  three  of  commander,  and  all  others  that  of  lieutenant- com- 
mander or  lieutenant.     *     *     * 

3  March,  1871,  a.  9,  v.  16,  p.  536. 

Sec.  1481.  *  *  *  Constructors  who  shall  have  served  faithfully  for  Rank  on  retiro- 
forty-five  years,  shall,  when  retired,  have  the  relative  rank  of  commo-  ™®^*- 
dore ;  and  *  *  *  who  have  been  or  shall  be  retired  at  the  age  of 
aixty-two  years,  before  having  served  for  forty-five  years,  but  who  shall 
havo  served  faithfully  until  retired,  shall,  on  the  completion  of  forty 
years  from  their  entry  into  the  service,  have  the  relative  rank  of  com- 
modore. 

3  March,  1871,  s.  11,  V.  16,  p.  537. 

Sec.  1522.  The  Secretary  of  the  Navy  is  authorized  to  make  provis-  Title  15,  Chap.  6. 
ion,  by  regulations  issued  by  him,  for  educating  at  the  Naval  Academy,     Education     at 
aH  naval  constructors     *     *     *     such  naval  cadets  and  others  as  may  N-aval  Academy 
show  a  peculiar  aptitude  therefor.     He  may,  for  this  purpose,  form  a 
separate  class  at  the  academy,     *     *     *     or  otherwise  afford  to  such 
persons  all  proper  facilities  for  such  a  scientific  mechanical  education 
as  will  fit  them  for  said  profession.    [See  notes  under  sec.  1522,  p.  53.] 

4  July,  1864,  s.  1,  v.  13,'  p.  393.        5  Ang.,  1882,  P.  E.  L.,  p.  285. 

Sec.  1556.  *  *  *  Naval  constructors,  during  the  first  five  years  after  Title  15,  Chap.  8. 
date  of  appointment,  when  on  duty,  three  thousand  two  hnndred  dollars;  p^^^ 
on  leave,  or  waiting  orders, two  thousand  two  hundred  dollars;  during  the 
second  five  years  alter  such  date,  when  on  duty,  three  thousand  four 
hundred  dollars  ;  on  leave,  or  waiting  orders,  two  thousand  four  hun- 
dred dollars ;  during  the  third  five  years  after  such  date,  when  on  duty, 
three  thousand  seven  hundred  dollars;  on  leave,  or  waiting  orders,  two 
thousand  seven  hundred  dollars  ;  during  the  fourth  five  years  after  such 
•date,  when  on  duty,  four  thousand  dollars ;  on  leave,  or  waiting  orders, 
three  thousand  dollars ;  after  twenty  years  from  such  date,  when  on 
duty,  four  thousand  two  hundred  dollars ;  on  leave,  or  waiting  orders, 
three  thousand  two  hundred  dollars. 

15  July,  1870,  3.  3,  v.  16,  p.  331. 


ASSISTANT  ISTAVAL  OONSTRUOTORS. 


■Sec. 

1403.  Appointment  of. 

1477.  Rank. 


Sec. 
1556.  Pay. 


Sec.  1403.  Cadefc-engineers  who  are  graduated  with  credit  in  the  sci-  Title  15,  Chap,  t. 
•entific  and  mechanical  class  of  the  Naval  Academy  may,  upon  the  recom-  A.83i8tant  naval 
mendation  of  the  academic  board,  be  immediately  appointed  as  assist-  constructors, 
ant  naval  constructors.     [See  ^  1522,  Naval  Constructors.] 

4  July,  1864,  8. 2,  v.  13,  p.  393. 

Sec.  1477.  *     *     *    Assistant  naval  constructors  shall  have  the  rela- 
tive rank  of  lieutenant  or  master.*  Rank. 

3  March,  1871,  8.  9,  v.  16,  p.  536. 

Sec.  1556.  *  *  *  Assistant  naval  constructors,  during  the  first  Title  15,  Chap.  8« 
ibur  years  after  date  of  appointment,  when  on  duty,  two  thousand  dol-  p 
lars ;  on  leave,  or  waiting  orders,  one  thousand  five  hundrad  dollars ; 
during  the  second  four  years  after  such  date,  when  on  duty,  two  thou- 
sand two  hundred  dollars ;  on  leave,  or  waiting  orders,  one  thousand 
seven  hundred  dollars ;  after  eight  years  from  such  date,  when  on  duty, 
two  thousand  six  hundred  dollars;  on  leave,  or  waiting  orders,  one 
thousand  nine  hundred  dollars. 

15  July,  I8l0,  3.  3.  Y.  16,  p.  331. 

*Lieutenant  of  the  junior  grade. 


56 


NAVAL    OBSERVATORY — NAVAL    STORE-KEEPERS. 


NAVAL  OBSERVATORY. 


434.  Pay  of  superintendent. 

435.  Meridians  adopted. 
1401.  Professors' duties.  • 


Sec. 


Assistant  astronomers  and  clerk. 
Purchase  of  new  site. 


TJtleJO.^ ^^^'  ^^^'  'T^^  officer  of  the  Navy  emxiloyed  as  superintendent  of  the 

Pay  of  superin-  Naval  Observatory  at  Washington  shall  be  en  titled  to  receive  the  .shore 
tendent.  duty  pay  of  his  grade,  and  no  other. 

3  March,  1865,  v.  13,  p.  533. 

Meridians.  Sec.  435.  The  meridian  of  the  Observatory  at  Washington  shall  be. 

adopted  and  used  as  the  American  meridian  for  all  astronomical  pur- 
poses, and  the  meridian  of  Greenwich  shall  be  adopted  for  all  nautical 
purposes. 

28  Sept.,  1850,  s.  1,  v.  9,  p.  515. 

Title  15,  €hap.  1  Sec.  1401.  Professors  of  mathematics  shall  perform  such  duties  as 
Duties  of  nro-°*^y  ^^  assigned  them  by  order  of  the  Secretary  of  the  Navy,  at  the 
^Hsnrn.         i*     *    #    #    Naval  Observatory.     *     *     * 

3:Aug.,  1848,  8.  12,  v.  9?  p.  272. 


feasors. 


A  ssistant  astroU' 
mners  and  clerk. 


Naval  Observatory:  For  pay  of  three  assistant  astronomers,  four 
thousand  nine  hundred  dollars;  one  clerk  of  class  four;  one  instrument- 
maker,  fifteen  hundred  dollars;  four  watchmen,  including  one  for  new 
Naval  Observatory  grounds;  two  skilled  laborers,  one  at  one  thousand 
dollars,  and  one  at  seven  hundred  and  twenty  dollars ;  .and  seven  labor- 
ers ;  in  all,  seventeen  thousand  four  hundred  and  twenty  dollars. 
3  March,  1883,  P.  E.  L.,  p.  554. 

[Under  an  act  approved  Febuary  14,  1880,  v.  21,  p.  65,  a  commission 
was  appointed  by  whom  a  site  was  selected  and  purchased  for  a  new  Ob- 
servatory.    The  sum  of  $75,000  was  appropriated.] 


NAVAL  STORE  KEEPERS. 


Sec. 

1413.  Store-keepers  at  nav^^-yards. 

1414.  Store-keepers  on  foreign  stations. 

1415.  Store-keeper's  bond. 

1438.  Officers  to  act  as  store-keepers  on  foreign 
stations. 


Sec. 

1439.  Bonds  of. 

1527.  Store-keeper  at  the  Academy. 

1567.  Officers  serving  as  store-keepers  on  foreign 

stations. 

1568.  Civilians,  store-keepers  on  foreign  stations. 


Title  15,  Chap.  1.      Sec.  1413.  The  President,  by  and  with  the  advice  and  consent  of  the 
Store-keepers  ®®^^*^' ™^y^PP^^^*     *     *     *'  a  naval  store-keeper  at  each  of  the  navy- 
at  navy-yards,      yards  where  such  officers  may  be  necessary. 

2  March.  1867,  8.  1,  v.  14,  p.  490. 
17  June,  1868,  s.  1,  v.  15  p.  69. 

oif  *for^m^^ste^     ^^^'  ^^^l^.  The  Secretary  of  the  Navy  may  appoint  citizens  who  are 

tions.  ^^^  officers  of  the  Navy  to  be  store-keepers  on  foreign  stations,  when 

suitable  officers  of  the  Navy  cannot  be  ordered  on  such  service,  or  when, 

in  his  opinion,  the  public  interest  will  be  thereby  promoted.  [Sec.  1568.  ] 

17  June,  1844,  s.  1,  v.  5,  p.  700. 

3  March,  1847,  s.  3,  v.  9,  p.  172. 

bond!*'^*    «©ptr »     gj,^,^  1415.  Every  person  who  is  appointed  store-keeper  under  the 
provisions  of  the  preceding  section  shall  be  required  to  give  a  bond,  in 
such  amount  as  may  be  fixed  by  the  Secretary  of  the  Navj^,  for  the  faith- 
ful performance  of  his  duty. 
Idem. 
Title  15,  Cbap.  2. 

• Sec.  1438.  The  Secretary  of  the  Navy  shall  order  a  suitable  commis- 

Officers  to  act  gioned  or  warrant  officer  of  the  Navy,  except  in  the  case  provided  in 
on  ^fo^gn^^ta^  section  fourteen  hundred  and  fourteen,  to  take  charge  of  the  naval 
tions.  stores  for  foreign  squadrons  at  each  of  the  foreign  stations  where  such 

stores  may  be  deposited,  and  where  a  store- keeper  may  be  necessary 
[See  $  1567.] 

Idem. 


NAVY-YARDS   AND    STATIONS. 


57 


Seg.  1439.  Every  officer  so  acting  as  store-keeper  on  a  foreign  station    Bonds  of. 
shall  be  required  to  give  a  bond,  in  such  amount  as  may  be  fixed  by  the 
Secretary  of  the  Navy,  for  the  faithful  performance  of  his  duty. 
17  June,  1844,  s.  1,  v.  5,  p.  700. 

Sec.  1527.  The  store-keeper  at  the  Naval  Academy  shall  be  detailed  Title  15,  Chap.  5. 

from  the  Paymasters'  Corps,  and  shall  have  authority,  with  the  approval  ~^^^ ^| : 

of  the  Secretary  of  the  Navy,  to  procure  clothing  and  other  necessaries  t^,,,  Academy.^ 
for  the  naval  cadets  in  the  same  manner  as  supplies  are  furnished  to  the 
Navy,  to  be  issued  under  such  regulations  as  may  be  prescribed  by  the 
Secretary  of  the  Navy. 

2  March,  1867,  s.  4,  v.  14,  p.  516.        5  Aug.,  1882,  P.  E.  L.,  p.  285. 

Sec.  1567.  Officers  who  are  ordered  to  take  charge  of  naval  stores  for  Title  15,  Chap.  8. 
foreign  squadrons,  in  the  place  of  naval  store-keepers,  shall  be  entitled  Pay  of  officers 
to  receive,  while  so  employed,  the  shore-duty  pay  of  their  grades;  and  serving  as  store- 
when  the  same  is  less  than  fifteen  hundred  dollars  a  year,  they  may  be  keepers  on  for- 
allowed  compensation,  including  such  shore-duty  pay,  at  a  rate  not  ex-  ^igu  stations, 
ceeding  fifteen  hundred  dollars  a  year. 

17  June,  1844,  s.  1,  v.  5,  p.  700. 

Sec.  1568.  Civilians  appointed  as  store-keepers  on  foreign  stations  Pay  of  civil- 
shall  receive  compensation  for  such  services,  at  a  rate  not  exceeding  ia"".  store-keep- 
fifteen  hundred  dollars  a  year.  station^      ^^'^ 

17  June,  1844,  s.  1,  v.  5.  p.  700.        3  March,  1847,  s.  3,  v.  9,  p.  [172. 

NAVY- YARDS  AND  STATIONS. 


Sec. 

355.  Title  to  land  to  be  purchased. 
1413.  Civil  engineers  and  storekeepers. 
1416.  Civil  officers  at  yards  may  be  discontinued. 

1542.  Commandants  of  navy-yards. 

1543.  Master  workmen. 

1544.  Laborers,  how  selected. 

1545.  Salaries  ;  per  diem  compensation. 

1546.  Requiring    contributions    for  political  pur- 

poses at  navy-yards. 
1838.  Land  purchased" for  yards. 
3728.  Fuel  for  navy-yards. 
3736.  No  land  to  be  purchased  without  authority 

of  law. 


Sec. 
3738. 

5385. 
5386. 
5387. 


Eight  hours  a  day's  labor. 
Rates  of  wages. 
Arson  in  navy-yards,  &o. 
Same.  "  "  < 

Arson  of  vessels  of  war. 
Prohibition  on  inflreasing  force. 
Wet  dock  at  Norfolk. 
Navy-yard  commission. 
Coaling  station,  Port  Royal. 
EHtablishment  of  Government  foundry. 
Training  station.  Coaster's  Harbor  Island. 
Closing  the  yards. 


Sec.  355.  No  public  money  shall  be  expended  upon  any  site  or  land         Title  8. 
purchased  by  the  United  States  for  the  purposes  of  erecting  thereon  any     Title  to  land  to 
armory,  arsenal,fort,  fortification,  navy-yard,custom-house,  light-house,  be  purchased  by 
or  other  public  building,  of  any  kind  whatever,  until  the  written  opinion  the      United 
of  the  Attorney-General  shall  be  had  in  favor  of  the  validity  of  the  title,  States, 
nor  until  the  consent  of  the  legislature  of  the  State  in  which  the  land 
or  site  may  be,  to  such  purchase,  has  been  given.     The  district  attorneys 
of  the  United  States,  upon  the  application  of  the  Attorney-General,  shall 
furnish  any  assistance  or  information  in  their  power  in  relation  to  the 
titles  of  the  public  property  lying  within  their  respective  districts.     And 
the  Secretaries  of  the  Departments,  upon  the  application  of  the  Attorney- 
General,  shall  procure  any  additional  evidence  of  title  which  he  may 
deem  necessary,  and  which  may  not  be  in  the  possession  of  the  officers 
of  the  Government,  and  the  expense  of  procuring  it  shall  be  paid  out  of 
the  appropriations  made  for  the  contingencies  of  the  Departments  re- 
spectively.    [See  sec.  1838.] 

11  Sept.,  1841,  V.  5,  p.  468. 

Sec.  1413.  The  President,  by  and  with  the  advice  and  consent  of  the  Title  15,  Chap.  1. 

Senate,  may  appoint  a  civil  engineer  and  a  naval  store-keeper  at  each  "7^"^^ ~. 

of  the  navy-yards  where  such  officers  may  be  necessary.     [See  1415,  and    storl-klep* 
Naval  Store-keepers.  ]  ers  at  navy-yards 

2  March,  1867,  s.  1,  v.  14,  p.  490-        17  June,  1868.  s.  1,  v.  15,  p.  69. 

Sec.    1416.  The  Secretary  of  the  Navy  is  authorized,  when  in  his     Discontinua- 
opinion  the  public  interest  Af  ill  permit  it,  to  discontinue  the  office  or  ^^^^  ^^  '^^^^  ^^' 
employment  of  any  measurer  and  inspector  of  timber,  clerk  of  the  yard,  ^^^^' 
clerk  of  the  commandant,  clerk  of  the  store-keeper,  clerk  of  the  naval 
constructor,  and  the  keeper  of  the  magazine  employed  at  any  navy-yard, 
and  to  require  the  duties  of  the  keeper  of  the  magazine  to  be  performed 
by  gunners. 

10  Aug.,  1846,  s.l,  T.  9,  p.  98. 


58  NAVY-YARDS    AND    STATIONS. 

Title  15,  Chap.  6.     Sec.  1542.  The  President  may  select  the  commandants  of  the  several 

Seloction      ^  f  ^^'^•^'"^^^*^^  ^^*^°^  officers  not  below  the  grade  of  commander, 
■comnumdants.  2  Aug.,  1861,  v.  12,  p.  285. 

5  July,  1862,  s.  2,  v,  12,  p.  510. 

Seloction  of  Sec.  1543.  The  persons  employed  at  the  several  navy-yards  to  super- 
master  work- intend  the  mechanical  departments,  and  heretofore  known  as  master 
mechanics,  master  carpenters,  master  joiners,  master  blacksmiths,  master 
boiler-makers,  master  sail-makers,  master  plumbers,  master  painters, 
mastercalker8,mastermasons,  master  boat-builders,  master  spar-makers, 
master  block-makers,  master  laborers,  and  the  superintendents  of  rope- 
walks  shall  be  men  skilled  in  their  several  duties  and  appointed  from 
civil  life,  and  shall  not  be  appointed  from  the  officers  of  the  Navy. 
17  June,  1868,  s.  1.  v.  15,  p.  69. 

Selection     of     Sec.  1544.  Laborers  shall  be  employed  in  the  several  navy-yards  by 
laborers.  the  proper  officers  in  charge  with  reference  to  skill  and  efficiency,  and 

without  regard  to  other  considerations. 
23  M:ay,  1872,  s.  1,  v.  17,  p.  146. 
Salaries;  per     Sec.  1545.  Salaries  shall  not  be  paid  to  any  emi^loy^s  in  any  of  the 
mem   compensa-  nayy. yards,  except  those  who  are  designated  in  the  estimates.      All 
other  persons  shall  receive  a  per  diem  compensation  for  the  time  during 
which  they  may  be  actually  employed. 

14  July,  1862,  a.  1,  v.  12,  p.  564. 
K"OTE.— By  the  acts  of  July  28,  1870,  R.  S.  D.  C,  s.  902,  and  January  31, 1879,  v. 
20,  p.  277,  the  first  day  of  January,  the  twenty-second  day  of  Fel5ruary,  Irtie 
fourth  day  of  July,  the  twentyfifth  daj'  of  December,  and  any  day  appointed 
or  recommended  by  the  President  of  the  United  States  as  a  day  of  fast  or 
thanksgiving,  shall  be  holidays  in  the  District  of  Columbia. 

Political    con-     Sec.  1546.  No  officer  or  employ^  of  the  Government  shall  require  or 
11  ntions.  request  any  working  man  in  any  navy-yard  to  contribute  or  pay  any 

money  for  political  purposes,  nor  shall  any  working  man  be  removed 
or  discharged  for  political  opinion  ;  and  any  officer  or  employe  of  the 
Government  who  shall  offend  against  the  provisions  of  this  section  shall 
be  dismissed  from  the  service  of  the  United  States.  [See  under  Ex. 
Departments,  act  Jan.  16,  1883,  Part  III.  ] 
2  March,  1867,  s.  3,  v.  14,  p.  492. 
Title  22.  Sec.  1838.  The  President  of  the  United  States  is  authorized  to  pro- 

Assent  of  States  ^"^®  *^®  assent  of  the  legislature  of  any  State,  within  which  any  pur- 
to  purchase  o  f  chase  of  land  has  been  made  for  the  erection  of  forts,  magazines,  arse- 
lands  for  forts,  nals,  dock-yards,  and  other  needful  buildings,  without  such  consent 
*<^-    -  having  been  obtained. 

28  April,  1828,  s.  2,  v.  4,  p.  264. 

Title  43.  Sec.  3728.  *  *  ^  In  purchasing  fuel  for  the  Navy,  or  for  naval  stations 

j^gL  ^^^  yards,  the  Secretary  of  the  Navy  shall  have  power  to  discriminate 

and  purchase,  in  such  manner  as  he  may  deem  proper,  that  kind  of  fuel 
which  is  best  adapted  to  the  purpose  for  which  it  is  to  be  used. 
28  Sept.,  1850,  s.  1,  v.  9,  p.  513. 

Restriction  on  Sec.  3736.  No  land  shall  be  purchased  on  account  of  the  United 
purchase  ot  land,  grates,  except  under  a  law  authorizing  such  purchase. 

1  May,  1820,  s.  7,  v.  3,  p.  568. 

Eight  hours  a  Sec.  3738.  Eight  hours  shall  constitute  a  day's  work  for  all  laborers, 
day's  labor.  workmen,  and  mechanics  who  may  be  employed  by  or  on  behalf  of  the 

Government  of  the  United  States.     [See  this  section  under  Contracts, 
Part  I,  and  §  3689,  under  Appropriations,  Part  III.  ] 
25  June,  1868,  v.  15,  p.  77. 

16  July,  1862.        That  the  hours  of  labor  and  the  rate  of  wages  of  the  employes  in  the 

~^~      Z  navy-yards  shall  conform,  as  nearly  as  is  consistent  with  the  public 

and  hours  ^f^la^  interest,  with  those  of  private  establishments  in  the  immediate  vicinity 

l>or.  of  the  respective  yards,  to  be  determined  by  the  commandants  of  the 

navy-yards,  subject  to  the  approval  and  revision  of  the  Secretary  of 

the  Navy. 

12  Dec,  1861,  s.  8,  v.  12,  p.  330.        8  July.  1862,  v.  12,  p.  587. 

Note.— This  act  is  omitted  from  the  Revised  Statutes,  but  has  been  always 
recognized  as  governing  the  rates  of  wages,  also  the  hours  of  labor  until  the 
passage  of  the  eight-hour  law. 


NAVV-YARDS    AND    STATIONS.  59 

Skc.  5385.  Every  person  who,  within  any  fort,  dock-yard,  navy-yard,  TltIe70,Chap.  3. 
^nrsenal,  armory,  or  magazine,  the  site  whereof  is  under  the  jurisdiction  "AjrsonofdwelT- 
of  the  United  States,  or  on  the  site  of  any  light-house,  or  other  needful  ing-house  within 
building  belonging  to  the  United  States,  the  site  whereof  is  under  their  a  fort,  <fec. 
fjuisdiction,  Avillfully  and  maliciously  burns  any  dwelling-house,  or 
mansion-house,  or  any  store,  barn,  stable,  or  other  building,  parcel  of 
any  dwelling  or  mansion-house,  shall  suffer  death. 

3  March,  1825,  s.  1,  v.  4,  p.  115. 

Sec.  5386.  Every  person  who,  in  any  of  the  places  mentioned  in  the  Arson  of  armo- 
preceding  section, 'maliciously  sets  tire  to,  or  burns,  any  arsenal,  armory,  ^^'  arsenal,  <fec, 
magazine,  rope-walk,  ship-house,  warehouse,  block-house,  or  barrack,  or 
auy  store-house,  barn,  or  stable,  not  parcel  of  a  dwelling-house,  or  any 
other  building  not  mentioned  in  such  section,  or  any  vessel  built,  or 
begun  to  be  built,  or  repjiiring,  or  any  light-house,  or  beacon,  or  any 
timber,  cables,  rigging,  or  other  materials  for  building,  repairing,  or  fit- 
ting out  vessels,  or  any  pile  of  wood,  boards,  or  other  lumber,  or  any 
military,  naval,  or  victualing  stores,  arms,  or  other  munitions  of  war, 
shall  be  punished  by  a  fine  of  not  more  than  five  thousand  dollars,  and  ' 

by  imprisonment  at  hard  labor  not  more  than  ten  years. 

Idem,  n.  2. 

Sec.  5387.  Every  person  who  maliciously  sets  on  fire,  or  burns,  or    Arson  of  vessel 
otherwise  destroys,  auy  vessel  of  war  of  the  United  States,  afloat  on  the  of  war. 
high  seas,  or  in  any  arm  of  the  sea,  or  in  any  river,  haven,  creek,  basin, 
or  bay  within  the  admiralty  jurisdiction  of  the  United  States,  and  out 
of  the  jurisdiction  of  any  particular  State,  shall  suffer  death. 

Idem,  8. 11,  p.  117. 

No  increase  of  the  force  at  any  navy-yard  shall  be  made  at  any  time    30  June,  1876. 

within  sixty  days  next  before  any  election  to  take  place  for  President  :-^- 

of  the  United  States,  or  member  of  Congress,  except  when  the  Secre- ^^^^^^^^^^^jjf^j^^^ 
tary  of  the  Navy  shall  certify  that  the  needs  of  the  public  service  make  ^^^^  ^^  ^ 
such  increase  necessary  at  that  time,  which  certificate  shall  be  imme- 
diately published  when  made. 

30  June,  1876.  v.  19,  p.  65. 

(See  also  under  Secretaries  and  Clerks.) 

That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  authorized  and    5  Ang.,  1882. 
directed  to  ascertain  on  what  terms  can  be  had  such  additional  lands       Wet-dock    at 
and  water  front  contiguous  to  the  Norfolk  navy-yard  as  are  deemed  Norfolk, 
necessary  for  the  construction  of  a  wet-dock,  and  such  other  works  as 
are  demanded  for  the  sufticient  capacity  and  efiiciency  of  that  yard; 
and  that  he  report  the  result  of  such  negotiations  to  the  next  session  of 
Congress. 

o  Aug.,  1882,  P.  E.  L.,  p.  289.     [Naval  appropriation  act.  J 

That  the  Secretary  of  the  Navy  shall  appoint  a  commission,  to  con-  Navy- yard 
dist  of  three  persons,  one  of  whom  shall  be  appointed  from  the  line  ofii-  commission, 
cers  and  one  from  the  staff"  officers  of  the  Navy,  and  one  from  civil  life, 
which  commission  shall  consider  and  report  to  the  next  session  of  Con- 
gress upon  the  question  whether  it  is  advisable  to  sell  any  of  the  navy- 
yards,  and,  if  so,  which ;  and  as  to  each  of  said  yards  said  commission 
shall  report  as  to  its  cost,  its  area,  its  present  value,  including  in  sep- 
arate items  the  value  of  the  land,  structures,  machinery,  and  other  per- 
sonal property ;  the  depth  of  water  at  the  yard,  and  whether  it  remains 
and  will  remain  at  such  depth,  or  will  require  expense  to  keep  open  its 
water  communication;  its  condition  as  to  being  in  working  order  or 
otherwise;  the  condition  and  value  of  its  ''plant"  in  the  different  de- 
partments; its  advantages  and  disadvantages  as  a  naval  station,  and 
for  the  construction  of  vessels  ;  its  probable  value  for  other  purposes, 
in  case  the  yard  is  discontinued ;  whether  there  is  any  demand  for  the 
yard  for  mercantile  or  other  purposes;  whether  it  can  probably  be  sold, 
and  at  what  price,  in  case  of  discontinuance ;  the  annual  cost  during 
each  of  the  past  fifteen  years  of  maintaining  it ;  the  value  of  what  it  has 
produced  during  each  of  said  years,  so  far  as  it  can  be  ascertained  ;  its 
value  or  necessity  for  purposes  of  defense  on  that  part  of  the  coast  where 
it  is  situated,  or  in  general,  and  also  as  regards  any  city  in  its  vicinity; 


60  NAVY-YARLS    AND    STATIONS. 

and  any  other  facts  which  such  commission  may  deem  useful  or  advis- 
able to  rei)ort  in  regard  to  this  question. 
Idem, 

Note.— The  sundry  civil  act  of  March  3,  1883,  appropriated  $1,500  for  the  ex- 
penses and  services  of  the  civil  commissioner  and  the  incidental  expenses  of 
the  commission. 

7  Aug.,  1882.         For  establishing  and  completing  a  coaling-dock  and  naval  storehouse 

o    r~~l\ V  ^^  ^^^^  Royal  Harbor,  South  Carolina,  twenty  thousand  dollars,  the 

pSt  Royal  ^^  ®^*®  ^^^  ^^^^  coaling-dock  and  naval  storehouse  to  be  located  by  a  board 
of  naval  officers  appointed  by  the  Secretary  of  the  Navy  for  that  pur- 
pose. 

7  Aug.,  1882.    P.  E.  L.,  p.  324.     [Sundry  civil  act.l 

3  March,  1883.        That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  authorized  to 

— —  purchase  a  site  for  a  coaling  dock  and  naval  storehouse  at  Port  Royal, 

at  Port  Royal  "  South  Carolina,  located  by  the  board  of  naval  officers  in  pursuance  of 
the  provisions  of  an  act  entitled  "An  act  making  appropriations  for 
sundry  civil  expenses  of  the  government  for  the  fiscal  year  ending  June 
thirtieth,  eighteen  hundred  and  eighty-three,  and  for  other  purposes," 
approved  August  seventh,  eighteen  hundred  aud  eighty  three,  and  the 
sum  of  five  thousand  dollars,  or  so  much  thereof  as  may  be  necessary, 
is  hereby  appropriated  for  that  purpose,  out  of  any  money  in  the  Treas- 
ury not  otherwise  appropriated. 

3  March,  1883,  P.  E.  L.,  p.  627.     [Sundry  civil  act.] 
3  March,  1883.        That  the  President  of  the  United  States  is  hereby  authorized  and  re- 
Estahlishmen  t  ^'^^^^^^^  ^^  select  from  the  Army  and  Navy  six  officers,  who  shall  con- 
of  a  Government  stitute  a  board  for  the  purpose  of  examining  and  reporting  to  Congress 
foundry.  which  of  the  navy-yards  or  arsenals  owned  by  the  Government  has  the 

best  location  and  is  best  adapted  for  the  establishment  of  a  government 
foundry,  or  what  other  method,  if  any,  should  be  adopted  for  the  manu- 
facture of  heavy  ordnance  adapted  to  modern  warfare,  for  the  use  of  the 
Army  and  Navy  of  the  United  States,  the  cost  of  all.  buildings,  tools, 
and  implements  necessary  to  be  used  in  the  manufacture  thereof,  includ- 
ing the  cost  of  a  steam-hammer  or  apparatus  of  sufficient  size  for  the 
manufacture  of  the  heaviest  guns ;  and  that  the  President  is  further 
requested  to  report  to  Congress  the  finding  of  said  board  at  as  early  a 
date  as  possible ;  Provided,  That  no  extra  compensation  shall  be  paid 
the  officers  serving  on  the  board  hereby  created. , 

3  March,  1883,  P.  E.  L.,  p.  474.     [Naval  appropriation  act.] 

7  Aug.,  1882.         For  repairing  and  extending  wharf  and  the  erection  of  boat-houses 

~=    —. —  on  Coasters'  Harbor  Island,  five  thousand  dollars.     And  the  cession  by 

tion^^^C^^asters'  *^®  State  of  Rhode  Island  to  the  United  States  of  said  Island  for  use 
Harbor  Island,     as  a  Naval  Training  Station  is  hereby  accepted. 

7  Aug.,  1882.     Sundry  civil  act.    P.  E.  L.,  p.  324. 

For  continuation  of  the  wharf  and  for  a  rigging  and  sail  loft  aud 
drill-hall  on  Coasters'  Harbor  Island,  forty-five  thousand  dollars. 
3  March,  1883,  P.  E.  L.,  p.  620.     [Sundry  civil  act.] 

CLOSING   OF   YARDS. 

5  Aug.,  1882.         For  the  civil  establishment  at  navy-yards  and  stations,  eighteen  thou- 

'-r ; -sand  nine  hundred  and  fifty-three  dollars  and  twelve  cents:  Provided, 

work.^^''^'''''  *"  That  if  the  Secretary  of  the  Navy  shall  find  that  work  at  all  the  navy- 
yards  now  maintained  cannot  be  carried  on  during  the  current  fiscal 
year  with  advantage  to  the  service  and  economy  to  the  Government  for 
the  amounts  in  this  act  appropriated  for  the  maintenance  of  and  civil 
establishment  at  the  navy-yards,  he  shall  not  make  any  deficiency  for 
these  purposes,  but  he  shall  suspend  work  at  those  yards  where  he  finds 
Closing  of  yards,  it  can  best  be  dispensed  with,  and  shall  close  such  yards  and  transfer 
all  perishable  property  and  stores  therefrom  to  other  yards  for  use 
therein,  and  report  the  facts  and  the  reasons  governing  his  action  to 
the  next  session  of  Congress;  and  at  the  yards  so  closed  only  such  offi- 
cers and  employes  shall  be  retained  as  are  necessary  to  preserve  and 
take  care  of  the  property  of  the  Government,  and  all  other  persons 
Exceptions.  sl^^ll  be  transferred  or  discharged:  Provided  further,  That  the  navy- 
yard  at  Washington,  District  of  Columbia,  may,  at  the  discretion  of 
the  Secretary  of  the  Navy,  be  maintained  as  a  manufacturing  yard  for 
the  Bureaus  of  Equipment  and  Recruiting  and  Ordnance,  and  that 


PAY    CORPS.  61 

work  may  be  continued  in  the  rope-walk  in  the  Boston  navy-yard: 
Jnd  provided  further,  That  nothing  herein  shall  be  held  to  interfere 
with  the  permanent  improvement  of  any  navy-yard  as  now  authorized 
by  law,  or  theexpenditure  for  such  purpose  of  any  money  appropria- 
ted by  Congress  therefor. 

5  Aug.,  1882,  P.  E.  L.,  p.  289. 

(See  also  Public  Property,  Part  III,  as  to  inventories  and  sale  of 
old  materials.) 

PAY  COEPS.* 

(See  also  Accounts  and  Disbursing  Officers,  Part  III.) 


See. 

425.  Paymaster-General. 
1376.  Pay  Corps,  number  of. 

1378.  Appointments,  how  made. 

1379.  Qualifications  of  assistant  paymasters 

1380.  Order  of  promotion. 

1381.  Acting  appointments  on  ships  at  sea. 

1382.  Paymaster  of  the  fleet. 


Sec. 

1388.  Clerks  of  passed  assistant  and  assistant  pay- 

masters. 

1389.  Loans  to  officers  by  paymasters. 

1432.  Commanding  officers  not  required  to  act  as 

paymasters. 
1471.  Rank  Paymaster-General. 
1475.  Rank  generally. 


1383.  Bonds.  1481.  Rank  of  retired  officers. 

1384.  "N^ew  bonds.  ^  1527.  Storekeeper  at  Naval  Academy, 

1385.  Bond  not  affected  by  new  commission.  j   1556.  Pay. 

1386.  Clerks,  when  allowed.  I   1564.  Vacancies  occurring  at  sea. 

1387.  Clerks,  when  not  allowed.  I 

Sec.  425.  The  Chief  of  the  Bureau  of  Provisions  and  Clothing  shall        Title  10. 
be  appointed  from  the  list  of  paymasters  of  the  Navy  of  not  less  than 
ten  years' standing.     [See  1471  and  1481.] 

5  July,  1862,  s.  1,  v.  12,  p.  510. 

Sec.  1376.  The  active  list  of  the  Pay  Corps  of  the  Navy  shall  consist  Title  15,  Chap. 
of  thirteen  pay  directors,  thirteen  pay  inspectors,  forty  paymasters,  pay  Corpi 
twenty  \}Sbm^A  assistant  paymasters,  and  ten  assistant  paymasters.  number  of. 

15  July,  1870,  s.  11,  v.  16,  p.  334.         3  March,  1871,  s.  6,  v.  16,  t).  536. 
5  Aug.,  1882,  P.  E.  L.,  p.  284. 

[The  naval  appropriation  act,  approved  March  3,  1883,  provides  that 
thereafter  only  one-half  of  the  vacancies  in  the  Pay  Corps  shall  be  tilled 
by  promotion  until  the  number  in  each  grade  is  reduced  to  that  fixed 
by  the  act  of  August   5,  1882,  ^  1376.] 

*Pay  does  not  include  rations  or  subsistence. — Op.  II,  420,  593.  The  word  "pay"  in 
acts  of  Congress  concerning  compensation  of  officers  of  the  Army,  Navy,  and  Marine 
Corps  does  not  embrace  the  emoluments  or  allowances  which  are  given  by  law  in  the 
absence  of  a  clearly  expressed  intention  to  that  effect.— "Levant."  case,  Op.  X, 
284.  The  word  "emolument,"  in  military  statutes,  includes  every  allowance  or  per- 
quisite annexed  to  an  office  for  the  benefit  of  the  officer,  and  by  way  of  compensation 
for  services.  Quarters  are  so  given,  and  whether  in  money  or  in  kind,  are  none  the 
less  an  emolument.  Pay  and  emoluments  include  quarters. — Op.  IX,  281.  "Com- 
pensation" is  equivalent  to  the  words  "pay"  or  "salary;"  does  not  include  rations 
nor  extra  expenses. — Op.  II,  593  ;  III,  152. 

It  is  within  the  authority  of  Congress  to  reduce  the  pay  or  allowances  of  officers 
and  soldiers  at  any  time  during  their  period  of  service  or  enlistment.  It  cannot  be 
done  by  executive  authority  or  military  authority ;  nor  can  a  soldier's  pay  be  withheld 
except"  in  pursuance  of  law"  or  sentence. — WinthVop,  366. 

Where  an  act  of  Congress  fixes  the  compensation  of  an  officer  of  the  Government 
it  can  neither  be  enlarged  nor  diminished  by  any  regulation  or  order  o*f  the  President 
or  of  a  Department,  i  nless  the  power  to  make  the  same  is  given  by  act  of  Congress. — 
Goldsborough  v.  United  States,  Taney,  80. 

An  officer  or  srldii  r  cannot  be  dismissed,  discharoed,  or  mustered  out  as  Of  a  prior 
date  with  the  effect  (  f  depriving  him  of  pay  accrued  between  that  date  and  the  date 
of  the  actual  discLa'ge,  &c.— Winthrop's  Digest,  362. 

It  is  not  within  the  power  of  the  executive  department,  or  any  branch  of  it,  to  re- 
duce the  pay  of  an  offii  er  of  the  Army.— Winthrop,  p.  366  ;   quotes  23  Wallace,  416. 

So  long  as  a  per.ion  is  in  the  Army  or  the  Xavy  he  is  entitled  to  receive  the  pay 
belonging  to  the  position,  unless  he  has  forfeited  it  in  accordance  with  the  provisions 
of  law.— Op.  XIII.  104.  June  16, 1869.— Op.  XV,  175,  Kov.  9, 1876. 

An  officer  is  entitled  to  the  salary  allowed  by  law,  and  is  not  limited  to  the  amount 
appropriated  by  Congress. — C.  C,  I,  380. 

An  officer's  "pay  account"  is  jxot  commercial  paper,  but  in  its  legal  aspect  a  mere 
receipt.  If  assigned,  and  payment  made  to  the  assignee,  the  name  of  the  latter  on 
the  back  does  not  make  him  responsible  to  the  paymaster  as  an  indorser,  on  ascer- 
taining that  the  officer  had  already  drawn  his  pay  for  the  month.— Winthrop's  Di- 
gest, 361. 

A  paymaster  on  shore  duty  at  a  navy-yard  is  not  entitled  to  pay  for  sea  duty, 
though  required  by  the  Secretary  of  the  Navy,  in  addition  to  his  regular  duties,  to 
take  charge  of  the  accounts  of  certain  iron-clads  temporarily  at  anchor  off  the  yard 
and  in  commission  for  sea  service. — Carpenter's  case,  C.  C,  XV,  247. 

Graduated  pay  of  officers :  See  Op.  X,  p.  97,  Aug.  13;  p.  101,  Aug.  19, 1861;  and  p.  326. 
Aug.  28, 1862.  '         I         , 


62  PAY    CORPS. 

Appointments,      Sec.  1378.  AH  appointments  in  the  Pay  Corps  shall  be  made  by  the 
how  made.  President,  by  and  with  the  advice  and  consent  of  the  Senate. 

30  March.  1812,  a.  6,  v.  2,  p.  699.         22  June,  I860,  8.  3,  v.  12,  p.  83. 
17  July,  1861,  s.  1,  V.  12,  p.  258.  3  May,  1866,  s.  1,  v.  14,  p.  43. 

Qaalificati  o n  8  g^c.  1379.  No  person  shall  be  appointed  assistant  paymaster  who  is^ 
masteis*^"^  ^^^  ^*  ^^^  ^^^^^  ®^  such  appointment,  Jess  thau  twenty-oue  or  more  that 
twenty-six  years  of  age  ;  nor  until  his  physical,  mental,  and  moral  qual- 
ifications have  been  examined  and  approved  by  a  board  of  paymasters 
appointed  by  the  Secretary  of  the  Navy,  and  according  to  such  regu- 
lations as  he  may  prescribe. 

17  July,  1861,  s.  2,  v.  12,  p.  258. 

Order  ol  pw-     gj,^^   1380.  Passed  assistant  paymasters  shall  be  regularly  promoted 

mo  ion.  ^^^  commissioned  from  assistant  paymasters,  and    payuiasfcers  from 

passed  assistant  paymasters ;  subject  to  such  examinations  as  may  be 

prescribed  by  the  Secretary  of  the  Navy.     [See  March  3,  1883,  under 

Promotion.  ] 

17  Jifly,  1861,  8.  5,  V.  12,  p.  258.         3  May,  1866,  s.  1,  v.  14,  p.  43. 

Acting  appoint-  Sec.  1:^1.  When  the  office  of  paymaster  or  assistant  paymaster  be- 
ments  on  ships  at  cQuies  vacant,  by  death  or  otherwise,  in  ships  at  sea,  or  on  foreign  sta- 
*®^  tions,  or  on  the  Pacific  coast  of  the  United  States,  the  senior  officer  pres- 

ent may  make  an  acting  appointment  of  any  fit  person,  who  shall  per- 
form tlie  duties  thereof  until  another  paymaster  or  assistant  paymaster 
shall  report  for  duty,  and  shall  be  entitled  to  receive  the  pay  of  sucli 
grade  while  so  acting.     [See  $  1564.] 

17  July,  1861,  8. 4,  v.  12,  p.  258. 

Paymasters  of  Sec.  1382.  The  President  may  designate  among  the  paymasters  ia 
thetfeet.  ^^j^  service,  and  appoint  to  every  fleet  or  squadron  a  paymaster,  who 

shall  be  denominated  "  paymaster  of  the  fleet." 

24  May,  1828,  8.  2,  v.  4,  p.  313,         21  April,  18  64,  s.  7,  v.  13,  p.  54. 

Bonds.  Sec.  1383.  Every  paymaster,  passed  assistant  paymaster,  and  assist- 

ant paymaster  shall,  before  entering  on  the  duties  of  his  office,  give 
bond,  with  two  or  more  sufficient  sureties,  to  be  approved  by  the  Sec- 
retary of  the  Navy,  for  the  faithful  i)erformance  thereof.  Paymasters 
shall  give  bonds  in  the  sum  of  twenty-five  thousand  dollars,  passed 
assistant  paymasters  in  the  sum  of  fifteen  thousand  dollars,  and  as- 
sistant paymasters  in  the  sum  of  ten  thousand  dollars. 

30  March,  1812,  s.  6,  V.  2,  p.  699.  17  July,  1861,  8.  5,  v.  12,  p.  258. 

1  March,  1817,  8. 1,  V.  3,  p.  350.  14  July,  1862,  s.  1,  v.  12,  8.  .575. 

22  June,  1860,  s.  3,  v.  12,  p.  83.  3  May,  1866,  s.  2.  v.  14,  p.  43. 

New  bonds.  Sec.  1384.  Officers  of  the  Pay  Corps  shall  give  new  bonds  with  suf- 

ficient sureties,  whenever  required  to  do  so  by  the  Secretary  of  the 
Navy. 

26  Aug.,  1842.  8.  4,  v.  5,  p.  535. 
Bond  not  aflfect     ggc.  1385.  The  issuing  of  a  new  appointment  and  commission  to  any 
mission '^^^^^^"^^^^^^  of  the  Pay  Corps   shall  not  affect  or  annul  any  existing  bond,, 
but  the  same  shall  remain  in  force,  and  apply  to  such  new  appointment 
and  commission. 

3  March,  1871,  s.  6,  v.  16,  p.  536. 

Notes. — An  appoin+ment,  by  the  Preaidont,  to  the  end  of  the  next  session  of 
Congress*  is  not  continued  by  a  new  appointment  and  commission  by  and  with 
the  advice  and  consent  of  the  Senate.  The  latter  is  a  distinct  appointment,  anA 
requires  a  new  bond.  Sureties  on  the  first  not  released  on  account  of  failure 
of  the  Senate  to  confirm  the  second. — United  States  v.  Kilpatrick,  9  Wheaton, 
720  ;  United  States  v.  Spencer.  2d  McLean,  265;  Op.  IV,  p.  30,  May  20,  1842. 

A  bond  is  confined,  in  its  obligatory  force,  to  acts  done  whilst  a  commission* 
has  a  legal  continuance  —Op.  XV,  p.  214,  cites  9  Wheaton,  734. 

A  bond,  to  be  accepted  by  the  Government,  ought  to  be  executed  by  the 
obligees  and  not  by  their  attorneys.— Op.  IX,  p.  128,  Nov.  5,  1857. 

The  Supreme  Court  has  repeatedly  decided  that  the  sureties  of  a  bonded  offi- 
cer are  only  responsible  for  the  faithful  perfoimance  of  his  duties  for  the  legal 
term  of  his  appointment. — Op.  XI,  p.  286,  July  11.  1865. 

Eouds  cover  not  mendy  duties  imposed  by  existing  law,  but  duties  belonging 
to  and  naturally  connected  with  the  office,  imposed  by  subsequent  law,  provided 
that  the  new  duties  have  relation  to  such  office. — United  States  v.  Sanger,  15- 
Wallace,  p.  112. 

A  paymaster's  bond  takes  efiect  from  the  date  of  its  approval  by  the  Secre- 
tary of  the  Navy.  See  Op.  XIV,  p.  7,  and  19  Howard,  p.  73,  as  to  when  bonds, 
go  into  effect.  Under  sec.  1560,  R.  S.,  the  pay  of  a  bonded  officer  of  the  Navy 
commences  on  the  day  of  the  approval,  by  the  proper  authority,  of  his  bond. 

Duties  imposed  on  an  officer  different  in  their  nature  from  those  which  he  was- 
required  to  perform  at  the  time  his  official  bond  was  given  do  not  render  it  void 
as  an  undertakiug  for  the  faithful  performance  of  those  which  he  at  first  as- 
sumed.—Utto  97,  x>-  584. 


PAY    CORPS.  65 

Judgment  cannot  be  rendered  beyond  the  penalty,  to  be  discharged  on  the 
payment  of  the  sum  actually'  due.  Cannot  exceed  the  penalty  with  interest 
from  the  breach.— United  States  v.  Picketts,  2  Cranch  C.  C,  653 ;  Faixarr.  United 
States,  5  Peters,  373. 

Memoranda  of  instructions.     {Approved  by  the  Navy  Department.) 

A  bond  should  bear  even  date  with  or  prior  to  the  affidavits  of  sureties  and 
certificates  of  their  sufficiency. 

Two  or  more  witnesses  are  required  to  the  signiug  and  sealing  of  the  bond. 

Seals  of  wafer  or  wax  must  be  attached  where  indicated  on  the  bond,  opposite 
the  places  for  the  signatures  of  the  principal  and  each  surety. 

Two  or  more  sureties  are  required,  but  pay  officers  are  advised  not  to  divide 
the  penalty  among  many  sureties  in  small  amounts.  This  is  cumbersome  and 
unnecessary,  as  each  surety  is  bound  for  the  full  penalty  of  the  bond. 

The  sureties  are  to  be  certified  to  by  a  United  States  judge  or  attorney  of  the 
district  in  which  the  sureties  reside. 

In  case  femalesare  offered  as  sureties,  an  additional  certificate  will  be  required 
(from  the  United  States  judge  or  attorney,  whose  certificate  is  required  to  the 
sufficiency  of  all  the  sureties)  to  the  effect  that  such  surety  is  unmarried,  and 
that  she  holds  her  property  in  her  own  right. 

Pay  officers  will  be  careful  to  avoid  erasures  or  alterations  in  any  portion  of 
the  bond.    The  form  should  be  neatly  filled,  and  signatures  legibly  written. 

A  married  woman  may  be  accepted  as  surety  on  a  bond  if  her  contract  is 
executed  in  a  State,  &c.,  where  by  statute  a  woman,  though  married,  is  author- 
ized to  enter  into  contracts  and  hold  property  in  her  own  right  precisely  as  if 
she  were  single.  A  statement  should  be  properly  added  in  the  affidavit  that  the 
affiant  is  worth  the  sum  specified  in  her  own  right — Winthrop's  Digest,  p.  127. 

Sec.  1386.  Paymasters  of  the  fleet,  paymasters  on  vessels  having  com-     Clerks,    wheit 
plements  of  more  than  one  hundred  and  seventy-five  persons,  on  supply-  allowed, 
steamers,  store- vessels,  and  receiving-ships,  paymasters  at  stations  and 
at  the  Naval  Academy,  and  i^aymasters  detailed  at  stations  as  inspect- 
ors of  provisions  and  clothing,  shall  each  be  allowed  a  clerk. 

14  July,  1862,  s.  3,  v.  12,  p.  565.        26  May,  1864,  v.  13.  p.  92. 

Sec.  1387.  No  paymaster  shall  be  allowed  a  clerk  in  a  vessel  having     Clerks,    whe» 
the  complement  of  one  hundred  and  seventy-five  persons  or  less,  ex-  ^^^  allowed, 
cepting  in  supply-steamers  and  store- vessels. 
26  May,  1864,  v.  13,  p.  92. 
Sec.  1388.  Passed  assistant  paymasters  and  assistant  paymasters  at-  Clerks  of  passed, 
tached  to  vessels  of  ^var  shall  be  allowed  clerks,  if  clerks  would  be  assistant  and  as- 
allowed  by  law  to  paymasters  so  attached.  ters        l**-^™**' 
3  March,  1863,  s.  5,  V.  12, p.  818. 
Sec.  1389.  It  shall  not  be  lawful  for  any  paymaster,  passed  assistant     Loans  to   offi- 
pay master,  or  assistant  paymaster,  to  advance  or  loan,  under  any  pre-  ^'^rs  by  paymas- 
tense  whatever,  to  any  officer  in  the  naval  service,  any  sum  of  money,  *^^^* 
public  or  private,  or  any  credit,  or  any  article  or  commodity  whatever. 
26  Aug.,  1842,  8.  6,  v.  5,  p.  536.        22  June,  1860,  s.  3,  v.  12,  p.  83. 

Sec.  1432.  No  commanding  officer  of  any  vessel  of  the  Navy  shall  be  Title  15,  Chap.  2. 

required  to  perform  the  duties  of  a  paymaster,  passed  assistant  pay-  ~ t: — 

master,  or  assistant  paymaster.  '    offic^'eTsTo"  to' act 

17  July,  1861,  s.  4,  v.  12,  p.  258.  as  paymasters. 

Sec.  1471.  The  Chief  of  the  Bureau  of    *     *     Provisions  and  Cloth  Title  15,  Chap.  4.. 

ing     *     *     shall  have  the  relative  rank  of  commodore  while  holding —:z — r ~ 

said  position,  and  shall  have  the  title  of    *     *     paymaster-general.  -Kank. 

3  March,  1871,  s.  12,  v.  16,  p.  537. 

Sec.  1475.  Officers  of  the  Pay  Corps  on  the  active  list  of  the  Navy 
shall  have  relative  rank  as  follows : 

Pay  directors,  the  relative  rank  of  captain. 

Pay  inspectors,  the  relative  rank  of  commander. 

Paymasters,  the  relative  rank  of  lieutenant-commander  or  lieutenant.    ' 

Passed  assistant  paymasters,  the  relative  rank  of  lieutenant  or  m  aster.* 

Assistant  paymasters,  the  relative  rai-ik  of  master*  or  ensign. 
3  March,  1871,  s.  6,  v.  16,  p.  536. 

Sec.  1481.  Officers  of  the  *  *  Pay  Corps  *  *  who  shall  have 
served  faithfully  for  forty-five  years,  shall,  when  retired,  have  the  rela- 
tive rank  of  Commodore;  *  *  and  who  have  been  or  who  shall  be 
retired  at  the  age  of  sixty-two  years  before  having  served  for  forty- 
five  years,  but  who  shall  have  served  faithfully  until- retired,  shall,  on 
the  completion  of  forty  years  from  their  entry  into  the  service,  have 
the  relative  rank  of  Commodore. 

3  March,  1871,  s.  11,  v.  16,  p.  25r. 

*  liieu ten xnt  oj  thejU nic r  gi  ade. 


64  PAY    CORPS. 

Title  15,  Chap.  5.  Sec.  1527.  The  store-keeper  at  the  Naval  Academy  shall  he  detailed 
Store-keeper  at  ^^om  the  Paymaster's  Corps,  and  shall  have  authority,  with  the  ap- 

the  academy.  proval  of  the  Secretary  of  the  Navy,  to  procure  clothing  and  other 
necessaries  for  the  naval  cadets  in  the  same  manner  as  supplies  are  fur- 
nished to  the  Navy,  to  be  issued  under  such  regulation  as  may  be  pre- 
scribed by  the  Secretary  of  the  Navy. 

2  March,  1867,  s.  4,  v.  14,  p.  516. 
5  Aug.,  1882,  P.  E.  L.,  p.  285. 

Title  15,  Cliap.  8.     Sec.  15o6.     *     *     *    Fleet  paymasters,    *     *     *    f^xir  thousand  four 
"paTTf^fl^  hundred  dollars, 
paymasters.  15  J uly,  1870.  8.  3,  v.  16,  p.  330. 

Pay  directors      *     *     *     Pay  directors  and  pay  inspectors,     *     *     *     when  on  duty 
and  inspectors,    at  sea,  four  thousand  four  hundred  dollars.     When  not  at  sea,  the  same- 
as    *     *     paymasters. 

15  Jul V.  1870,  s.  3,  V.  16,  p.  331. 

3  March,  1871,  ss.  5,  6,  v.  16,  pp.  535,  536. 
3  March,  18'/3,  s.  1,  v.  17,  p.  555. 

Paymasters.  *     *     *     Paymasters,  during  the  first  five  years  after  date  of  commis- 

sion, when  at  sea,  two  thousand  eight  hundred  dollars;  on  shore  duty, 
two  thousand  four  hundred  dollars ;  on  leave,  or  waiting  orders,  two 
thousand  dollars ;  during  the  second  five  years  after  such  date,  when  at 
sea,  three  thousand  two  hundred  dollars ;  on  shore  duty,  two  thousand 
eight  hundred  dollars ;  on  leave,  or  waiting  orders,  two  thousand  four 
hundred  dollars ;  during  the  third  five  years  after  such  date,  when  at 
sea,  three  thousand  five  hundred  dollars  ;  on  shore  duty,  three  thousand 
two  hundred  dollars  ;  on  leave,  or  waiting  orders,  two  thousand  six  hun- 
dred dollars  ;  during  the  fourth  five  years  after  such  date,  when  at  sea, 
three  thousand  seven  hundred  dollars ;  on  shore  duty,  three  thousand 
six  hundred  dollars ;  on  leave,  or  waiting  orders,  two  thousand  eight 
hundred  dollars ;  after  twenty  years  from  such  date,  when  at  sea,  four 
thousand  two  hundred  dollars ;  on  shore  duty,  four  thousand  dollars ; 
on  leave,  or  waiting  orders,  three  thousand  dollars. 
Passed  assist-  *  *  *  Passed  assistant  paymasters,  *  *  *  during  the  first  five 
ant  paymasters,  years  after  date  of  appointment,  when  at  sea,  two  thousand  dollars;  on 
shore  duty,  one  thousand  eight  hundred  dollars;  on  leave,  or  waiting 
orders,  one  thousand  five  hundred  dollars ;  after  five  years  from  such 
date,  when  at  sea,  two  thousand  two  hundred  dollars ;  on  shore  duty, 
two  thousand  dollars ;  on  leave,  or  waiting  orders,  one  thousand  seven 
hundred  dollars. 
Assistant  pay-  ^  *  *  Assistant  paymasters,  *  ♦  *  during  the  first  five  years 
masters.  after  date  of  appointment,  when  at  sea,  one  thousand  seven  hundred 

dollars  ;  on  shore  duty,  one  thousand  four  hundred  dollar's ;  on  leave, 
or  waiting  orders,  one  thousand  dollars ;  after  five  years  from  such 
date,  when  at  sea,  one  thousand  nine  hundred  dollars ;  on  shore  duty, 
one  thousand  six  hundred  dollars ;  on  leave,  or  waiting  orders,  one  thou- 
sand two  hundred  dollars. 

15  July,  1870,  s.  3,  v.  16,  p.  330. 
Person  acting     g^.^   1554^  ^nj  person  performing  the  duties  of  paymaster,  acting  as- 
when  ^<Sice  va^  sistaut  paymaster,  or  assistant  paymaster,  in  a  ship  at  sea,  or  on  a  for- 
cant  in  ship  a  t  eign  station,  or  on  the  Pacific  coast  of  the  United  States,  by  appoint- 
sea.  ment  of  the  senior  oflicer  present,  in  case  of  vacancy  of  such  office,  in 

accordance  with  the  provisions  of  section  thirteen  hundred  and  eighty- 
one,  and  not  otherwise,  shall  be  entitled  to  receive  the  pay  of  such 
grade  while  so  acting. 

17  July,  1861,  s.  4,  v.  12,  p.  258. 


PAY    AND    ALLOWANCES. 
PAY  AKD  ALLOWANCES. 


65 


PAY  (active,  retired,  and  furlough) :   EXTRA  PAY :  ALLOWANCES ;    TRAVELING 

EXPENSES. 

PAY,    ACTIVE   AND   RETIRED. 


Sec. 

1556.  Pay  of  officers  on  active  list. 

1557.  Furlough  pay. 

1558.  No  additional  allowances  except  as  herein 

81>ecified. 

1559.  Volunteer  service. 

1560.  Coratnencement  of  pay,  original  entry. 

1561.  Commencement  of  pay  of  promoted  officers. 

1562.  In  cases  of  delayed  examination. 
Commencement  of. 

1564.  Acting  as  paymaster. 

1565.  Chiefs  of  Bureaus. 

1567.  Oflicers  serving  as  store-keepers  on  foreign 

stations. 

1568.  Civilians  store-keepers  on  foreign  stations. 


1569,  Of  enlisted  men. 

1570.  Additional  to  firemen,  &c. 

1572.  Additional  for  detention. 

1573.  Bounty  pay  for  re-enliating. 

1574.  WhenVessels  are  wrecked. 

1575.  When  taken  hy  an  enemy. 

1576.  Assignment  of  pay. 

1588.  Of  retired  officers. 

1589.  Of  certain  rear-admirals,  retired. 

1590.  Third  assistant  engineers,  retired. 

1591.  Retired  pay  not  increased  by  promotioi 

1592.  Retired  officers  on  active  duty. 

1593.  Retired  officers  on  furlough. 
4688.  Allowances  on  Coast  Survey. 


Sec.  1556.  The  commissioned  officers  and  warrant  officers  on  the  active 
list  of  the  Navy  of  the  United  States,  and  the  pettyofficers,  seamen,  or- 
dinary seamen,  firemen,  coal-heavers,  and  employes  in  the  Navy,  shall 
be  entitled  to  receive  annual  pay  at  the  rates  herein  stated  after  their 
respective  designations : 

The  Admiral,  thirteen  thousand  dollars. 

The  Vice-Admiral,  when  at  sea,  nine  thousand  dollars ;  on  shore  duty, 
eight  thousand  dollars;  on  leave,  or  waiting  orders,  six  thousand  dol- 
lars. 

Rear-admirals,  when  at  sea,  six  thousand  dollars ;  on  shore  duty,  five 
thousand  dollars;  on  leave,  or  waiting  orders,  four  thousand  dollars. 

Commodores,  when  at  sea,  five  thousand  dollars ;  on  shore  duty,  four 
thousand  dollars  ;  on  leave,  or  waiting  oiders,  three  thousand  dollars. 

Captains,  when  at  sea,  four  thousand  five  hundred  dollars ;  on  shore 
duty,  three  thousand  five  hundred  dollars ;  on  leave,  or  waiting  orders, 
two  thousand  eight  hundred  dollars. 

Commanders,  when  at  sea,  three  thousand  five  hundred  dollars  ;  on 
shore  duty,  three  thousand  dollars ;  on  leave,  or  waiting  orders,  two 
thousand  three  hundred  dollars. 

Lieutenant-commanders,  during  the  first  four  years  after  date  of  com- 
mission, when  at  sea,  two  thousand  eight  hundred  dollars ;  on  shore 
duty,  two  thousand  four  hundred  dollars  ;  on  leave,  or  waiting  orders, 
two  thousand  dollars;  after  four  years  from  such  date,  when  at  sea, 
three  thousand  dollars ;  on  shore  duty,  two  thousand  six  hundred  dol- 
lars ;  on  leave,  or  waiting  orders,  two  thousand  two  hundred  dollars. 

Lieutenants,  during  the  first  five  years  after  date  of  commission,  when 
at  sea,  two  thousand  four  hundred  dollars ;  on  shore  duty,  two  thousand 
dollars;  on  leave,  or  waiting  orders,  one  thousand  six  hundred  dollars  ; 
after  five  years  from  such  date,  when  at  sea,  two  thousand  six  hundred 
dollars;  onshore  duty,  two  thousand  two  hundred  dollars;  on  leave, 
or  waiting  orders,  one  thousand  eight  hundred  dollars.  Lieutenants, 
unior  grade,  the  pay  of  masters. 

Masters,  during  the  first  five  years  after  date  of  commission,  when  at 
sea,  one  th«rasand  eight  hundred  dollars  ;  on  shore  duty,  one  thousand 
five  hundred  dollars ;  on  leave,  or  waiting  orders,  one  thousand  two 
hundred  dollars  ;  after  five  years  from  such  date,  when  at  sea,  two 
thousand  dollars ;  on  shore  duty,  one  thousand  seven  hundred  dollars ; 
on  leave,  or  waiting  orders,  one  thousand  four  hundred  dollars. 

Ensigns,  during  the  first  five  years  after  date  of  commission,  when  at 
sea,  one  thousand  two  hundred'  dollars ;  on  shore  duty,  one  thousand 
dollars  ;  on  leave,  or  waiting  orders,  eight  hundred  dollars  ;  after  five 
years  from  such  date,  when  at  sea,  one  thousand  four  hundred  dollars ; 
on  shore  duty,  one  thousand  two  hundred  dollars ;  on  leave,  or  wait- 
ing orders,  one  thousand  dollars.  Ensigns,  junior  grade,  the  pay  of  mid- 
shipmen. 

Midshipmen,  after  graduation,  when  at  sea,  one  thousand  dollars ; 
on  shore  duty,  eight  hundred  dollars  ;  on  leave,  or  waiting  orders,  six 
hundred  dollars.     [Grade  abolished.] 

15  July,  1870,  s.  3,  v.  16,  p.  330.        20  Feb.,  1874,  v.  18,  p.  17. 
3  March,  1883,  P.  E.  L.,  p.  472. 

11181 5 


Title  15,  Chap.  8. 

General  rule. 


The  Admiral. 
Vice-Admiral. 


Rear-admirals. 
Commodores. 
Captains.     , 

Commanders. 


Lieutenant- 
commanders. 


Lieutenants. 


Masters. 
\ Grade   ahol- 
isfied.] 


Ensigns. 


Midshipmen. 


66  PAY    AND    ALLOWANCES. 

Cadet-midship-  Cadet  midshipmen  [naval  cadets],  five  hundred  dollars ;  during  such 
™®^-  period  of  their  course  of  instruction  as  they  shall  be  at  sea  in  other  than 

practice  i<hi])s,  shall  each  receive  as  annual  pay  not  exceeding  nine  hundred 
and  fifty  dollars. 

15  July,  1870,  s.  3,  v.  16,  p.  330.        3  March,  1877,  v.  19,  p.  390. 
5  Aug.,  1882,  P.  E.  L.,  p.  284. 

Cadet- en gi-  Cadet  engineers,  before  final  academic  examination,  five  hundred 
neers.  dollars;  after  final  academic  examination,  and  until  warranted  as  as- 

sistant engineers,  when  on  duty  at  sea,  one  thousand  dollars;  on  shore 
duty,  eight  hundred  dollars ;  on  leave,  or  waiting  orders,  six  hundred 
dollars.     [Now  styled  Naval  Cadets.] 

4  July,  1864,  s.  5,  v.  13,  p.  393.        3  March,  1865,  s.  1,  v.  13,  p.  539. 
15  July,  1870,  s.  3,  v.  16,  p.  330-332. 

Note.— The  act  of  5  Aug.,  1882,  P.  E.  L.,  p.  284,  changing  the  title  of  all  stu- 
dents at  the  Academy  to  naval  cadets,  gives  them  the  pay  cadet  midshipmen 
were  then  receiving. 

Mates.  Mates,  when  at  sea,  nine  hundred  dollars ;  on  shore  duty,  seven  hun- 

dred dollars;  on  leave,  or  waiting  orders,  five  hundred  dollars. 
15  July,  1870,  s.  3,  v.  16,  p.  330. 

Fleet  officers.        Fleet-surgeons,  fleet-paymasters,  and  fleet-engineers,  four  thousand 
four  hundred  dollars. 

„    ..     ,  ^,       ,  15  July,  1870,  s.  3,  v.  16,  p.  330. 

Medical  direct- 
ors and  inspect-  Medical  directors,  medical  inspectors,  pay  directors,  and  pay  inspect- 
ors, pay  direct- Qjg^  and  chief  engineer,  having  the  same  rank  as  pay  director  and 
ors  smdcW^^en-  P^-Y  inspector,  when  on  duty  at  sea,  four  thousand  four  hundred  dollars, 
gin'eer,  of  same  When  not  at  sea,  the  same  as  surgeons  and  paymasters,  respectively. 
rank,  &c.  15  j^iy,  1870.  s.  3,  v.  16,  p.  331.        3  March,  1871,  ss.  5,  6,  v.  16,  p.  535- 

3  March,  1873,  s.  1,  v.  17,  p.  555. 

Surgeons,  pa^  Surgeons,  paymasters,  and  chief  engineers  who  have  the  same  rank 
chief  engineers,  with  paymasters,  during  the  first  five  years  after  date  of  commission, 
when  at  sea,  two  thousand  eight  hundred  dollars;  on  shore  duty,  two 
thousand  four  hundred  dollars;  on  leave,  or  waiting  orders,  two  thou- 
sand dollars;  during  the  second  five  years  after  such  date,  when  at  sea, 
three  thousand  two  hundred  dollars ;  on  shore  duty,  two  thousand  eight 
hundred  dollars;  on  leave,  or  waiting  orders,  two  thousand  four  hun- 
dred dollars ;  during  the  third  five  years  after  such  date,  when  at  sea, 
three  thousand  five  hundred  dollars ;  on  shore  duty,  three  thousand  two 
hundred  dollars ;  on  leave,  or  waiting  orders,  two  thousand  six  hundred 
dollars;  during  the  fourth  five  years  after  such  date,  when  at  sea,  three 
thousand  seven  hundred  dollars;  on  shore  duty,  three  thousand  six 
hundred  dollars ;  on  leave,  or  waiting  orders,  two  thousand  eight  hun- 
dred dollars ;  after  twenty  years  from  such  date,  when  at  sea,  four 
thousand  two  hundred  dollars;  on  shore  duty,  four  thousand  dollars; 
on  leave,  or  waiting  orders,  three  thousand  dollars. 
Passed  assist-  Passed  assistant  surgeons,  passed  assistant  paymasters,  and  passed 
ant  8 urg  eons,  assistant  engineers,  during  the  first  five  years  after  date  of  appointment, 
enSneerr^'  when  at  sea,  two  thousand  dollars ;  on  shore  duty,  one  thousand  eight 
hundred  dollars ;  on  leave,  or  waiting  orders,  one  thousand  five  hundred 
dollars;  after  five  years  from  such  date,  when  at  sea,  two  thousand  two 
hundred  dollars;  on  shore  duty,  two  thousand  dollars;  on  leave  or  wait- 
ing orders,  one  thousand  seven  hundred  dollars. 

15  July,  1870,  8.  3,  v.  16,  p.  330.        24  Feh.,  1874,  s.  1,  v.  18,  p.  17. 

Assistant  sur-  Assistant  surgeons,  assistant  paymasters,  and  assistant  engineers, 
geofis,  paymas-  during  the  first  five  years  after  date  of  appointment,  when  a.t  sea,  one 
i^rs.^^  ^"^  thousand  seven  hundred  dollars;  on  shore  duty,  one  thousand  four  hun- 
dred dollars :  on  leave,  or  waiting  orders,  one  thousand  dollars ;  after 
five  years  from  such  date,  when  at  sea,  one  thousand  nine  hundred  dol- 
lars; on  shore  duty,  one  thousand  six  hundred  dollars;  on  leave,  or 
waiting  orders,  one  thousand  two  hundred  dollars. 

15  July,  1870,  s.  3,  v.  16,  p.  330.        24  Feb.,  1874,  s.  1,  v.  18,  p.  17. 

Assistant  sur-  Assistant  surgeons  of  three  years'  service,  who  have  been  found  qual- 
geons  qualified  i^^^  for  promotion  by  a  medical  board  of  examiners,  the  pay  of  passed 
For  promotion,      assistant  surgeons.  .1^1 

3  March,  1871,  s.  5,  v.  16,  p.  535. 
Naval    con-     Naval  constructors,  during  the  first  five  years  after  date  of  appoint- 
8  rue  ors.  ment,  when  on  duty,  three  thousand  two  hundred  dollars ;  on  leave,  or 


PAY    AND    ALLOWANCES.  67 

waiting  orders,  two  thousand  two  hundred  dollars  ;  during  the  second 
five  years  after  such  date,  when  on  duty,  three  thousand  four  hundred 
dollars ;  on  leave,  or  waiting  orders,  two  thousand  four  hundred  dol- 
lars ;  during  the  third  five  years  after  such  date,  when  on  duty,  three 
thousand  seven  hundred  dollars ;  on  leave,  or  waiting  orders,  two 
thousand  seven  hundred  dollars ;  during  the  fourth  five  years  after 
such  date,  when  on  duty,  four  thousand  dollars ;  on  leave,  or  waiting 
orders,  three  thousand  dollars ;  after  twenty  years  from  such  date, 
when,  on  duty,  four  thousand  two  hundred  dollars ;  on  leave,  or  waiting 
orders,  three  thousand  two  hundred  dollars. 

Assistant  naval  constructors,  during  the  first  four  years  after  date  of  Assistant  naval 
appointment,  when  on  duty,  two  thousand  dollars ;  on  leave,  or  wait-  constructors, 
ing  orders,  one  thousand  five  hundred  dollars  ;  during  the  second  four 
years  after  such  date,  when  on  duty,  two  thousand  two  hundred  dollars ; 
on  leave,  or  waiting  orders,  one  thousand  seven  hundred  dollars ;  after 
eight  years  from  such  date,  when  on  duty,  two  thousand  six  hundred 
dollars ;  on  leave,  or  waiting  orders,  one  thousand  nine  hundred  dollars. 
15  July,  1870,  s.  3,  v.  16,  p.  331.  tiw£. 

Chaplains,  during  the  first  five  years  after  date  of  commission,  when  Chaplains.^ 
at  sea,  two  thousand  five  hundred  dollars  ;  on  shore  duty,  two  thousand 
dollars ;  on  leave,  or  waiting  orders,  one  thousand  six  hundred  dollars ; 
after  five  years  from  such  date,  when  at  sea,  two  thousand  eight  hun- 
dred dollars  ;  on  shore  duty,  two  thousand  three  hundred  dollars ;  on 
leave,  or  waiting  orders,  one  thousand  nine  hundred  dollars. 
15  July,  1870,  8.  3,  v.  16,  p.  331. 

Professors  of  mathematics  and  civil  engineers,  during  the  first  five     Professors,   ol 
years  after  date  of  appointment,  when  on  duty,  two  thousand  four  Daathematics'and 
hundred  dollars ;  on  leave,  or  waiting  orders,  one  thousand  five  hun-  ^       engineers, 
dred  dollars ;  during  the  second  five  years  after  such  date,  when  on 
duty,  two  thousand  seven  hundred  dollars ;  on  leave,  or  waiting  orders, 
one  thousand  eight  hundred  dollars ;  during  the  third  five  years  after 
such  date,  when  on  duty,  three  thousand  dollars;  on  leave,  or  waiting 
orders,  two  thousand  one  hundred  dolhirs ;  after  fifteen  years  from  such 
date,  when  on  duty,  three  thousand  five  hundred  dollars ;  on  leave,  or 
waiting  orders,  two  thousand  six  hundred  dollars. 
15  July,  1870,  s.  3,  v.  16,  p.  331. 

Boatswains,  gunners,  carpenters,  and  sail-makers,  during  the  first     Warrant     offi- 
three  years  after  date  of  appointment,  when  at  sea,  one  thousand  two  cers. 
hundred  dollars;  on  shore  duty,  nine  hundred  dollars;  on  leave,  or  ^^^*^""'*^^^' 
waiting  orders,  seven  hundred  dollars  ;  during  the  second  three  years  SrsaU-maSS! 
after  such  date,  when  at  sea,  one  thousand  three  hundred  dollars;  on       ' 
shore  duty,  one  thousand  dollars ;  on  leave,  or  waiting  orders,  eight 
hundred  dollars ;  during  the  third  three  years  after  such  date,  when  at 
sea,  one  thousand  four  hundred  dollars ;  on  shore  duty,  one  thousand 
three  hundred  dollars ;  on  leave,  or  Avaiting  orders,  nine  hundred  dol- 
lars ;  during  the  fourth  three  years  after  such  date,  when  at  sea,  one 
thousand  six  hundred  dollars ;  on  shore  duty,  one  thousand  three  hun- 
dred dollars ;  on  leave,  or  waiting  orders,  one  thousand  dollars ;  after 
twelve  years  from  such  date,  when  at  sea,  one  thousand  eight  hundred 
dollars  ;  on  shore  duty,  one  thousand  six  hundred  dollars ;  on  leave,  or 
waiting  orders,  one  thousand  two  hundred  dollars. 
15  July,  1870,  s.  3,  v.  16,  p.  332. 

Secretaries  to  the  Admiral  and  the  Vice-Admiral,  each  two  thousand     Secretaries, 
five  hundred  dollars. 

Secretary  of  the  Naval  Academy,  one  thousand  eight  hundred  dol- 
lars. 

15  July,  1870,  8.  3,  v.  16,  p.  332. 

First  clerks  to  commandants  of  navy-yards,  one  thousand  five  hun-     Clerks  to  com- 
dred  dollars.  mandants  of 

Second  clerks  to  commandants  of  navy-yards,  one  thousand  two  hun-  Jj^JJ^  ^  *"*^  ^^' 
dred  dollars.  *''*'''• 

Clerk  to  commandant  of  navy-yard  at  Mare  Island^  one  thousand 
eight  hundred  dollars. 

Clerks  to  commandants  of  naval  stations,  one  thousand  five  hundred 
dollars. 


68  PAY    AND    ALLOWANCES. 

Clerks  to  paj--      Clerks  to  paymasters  at  navy-yards,  Boston,  New  York,  Philadelphia, 
masters,  ^^^  Washington,  one  thousand  six  hundred  dollars;  Kittery,  Norfolk, 

and  Pensacola,  one  thousand  four  hundred  dollars;  Mare  Island,  one 
thousand  eight  hundred  dollars. 

Clerks  to  paymasters,  at  other  stations,  one  thousand  three  hundred 
dollars. 

Clerks  to  paymasters  of  receiving-ships  at  Boston,  New  York,  and 
Philadelphia,  one  thousand  six  hundred  dollars;  at  Mare  Island,  one 
thousand  eight  hundred  dollars ;  of  other  receiving-ships,  one  thousand 
three  hundred  dollars. 

Clerks  to  paymasters  on  vessels  of  the  first  rate,  one  thousand  three 
hundred  dollars;  on  vessels  of  the  second  rate,  one  thousand  one  hun- 
dred dollars;  on  vessels  of  the  third  rate,  and  supply -vessels  and  store- 
ships,  one  thousand  dollars. 
Clerks  to  fleet  paymasters,  one  thousand  one  hundred  dollars. 
Clerks  to  paymasters  at  the  Naval  Academy  and  Naval  Asylum,  one 
thousand  three  hundred  dollars. 
Clerks  to  in-      Clerks  to  inspectors  in  charge  of  provisions  and  clothing,  at  navy- 
spsctors.  yards,  Boston,  New  York,  Philadelphia,  and  Washington,  one  thousand 

six  hundred  dollars;  to  inspectors  in  like  charge  at  other  inspections, 
one  thousand  three  hundred  dollars. 

15  July,  1870,  s.  3,  v.  16,  p.  332. 
^Furlough  pay3     gj^^.  1557.  Officers  on  furlough  shall  receive  only  one-half  of  the  pay 
to  which  they  would  have  been  entitled  if  on  leave  of  absence.     [See 
$  1593.] 

3  March,  1835,  s.  1,  v.  4,  p.  756.         3  March,  1845,  s.  6,  v.  5,  p.  794. 
1  June,  1860,  s.  4,  v.  12,  p.  27. 

allowances,    ex-      Sec.  1.558.  The  pay  prescribed  in  the  two  preceding  sections  shall  be 

cept  as    herein  the  full  and  entire  compensation  of  the  several  officers  therein  named, 

specified.  and  no  additional  allowance  shall  be  made  in  favor  of  any  of  said  officers 

on  any  account  whatever,  except  as  hereinafter  provided.     [See  $  4688.  ] 

15  July,  1870,  S.4,  v.  16,  p.  332. 

ice^**^"'^*^^'^^^^  ^^^-  ^^^^'  When  a  volunteer  naval  service  is  authorized  by  law,  the 
officers  therein  shall  be  entitled  to  receive  the  same  pay  as  officers  of 
the  same  grades,  respectively,  in  the  Regular  Navy. 

16  July,  18G2,  s.  20,  v.  12,  p.  587. 

ment""  ?f  ^  mv"  ^^^'  ^^^^-  ^^^  P^^  ®^  '^^  officer  of  the  Navy,  upon  his  original  entry 
original  entry,     into  the  service,  except  where  he  is  required  to  give  an  official  bond, 

shall  commence  upon  the  date  of  his  acceptance  of  his  appointment ; 

but  where  he  is  required  to  give  such  bond  his  pay  shall  commence 

upon  the  date  of  the  approval  of  his  bond  by  the  proper  authority. 

.r  15  July,»1870,  s.  7,  v.  16,  p.  333. 

mSt"o™pay^of  ^'^^-  ^^^^'  When  an  officer  is  promoted  in  course  to  fill  a  vacancy, 
promoted  offi-  and  is  in  the  performance  of  the  duties  of  the  higher  grade  from  the 
cers.  date  he  is  to  take  rank,  he  may  be  allowed  the  increased  pay  from  such 

date.     [See  post,  June  22,  1874.'] 

15  July,  1870,  8.  7,  v.  16,  p.  333.        5  June,  1872,  s.  1,  v.  17,  p.  226. 

In  case  of  de-  Sec.  1562.  If  an  officer  of  a  class  subject  to  examination  before  pro- 
lay^d  examina-  motion  shall  be  absent  on  duty,  and  by  reason  of  such  absence,  or  of 
other  cause  not  involving  fault  on  his  part,  shall  not  be  examined  at  the 
time  required  by  law  or  regulation,  and  shall  afterward  be  examined 
and  found  qualified,  the  increased  rate  of  pay  to  which  his  promotion 
would  entitle  him  shall  commence  from  the  date  when  he  would  have 
been  entitled  to  it  had  he  been  examined  and  found  qualified  at  the 
time  so  required  by  law  or  regulation  ;  and  this  rule  shall  apply  to  any 
cases  of  this  description  which  may  have  heretofore  occurred.  And  in 
every  such  case  the  period  of  service  of  the  party,  in  the  grade  to  which 
he  was  promoted,  shall,  in  reference  to  the  rate  of  his  pay,  be  considered 
to  have  commenced  from  the  date  when  he  was  so  entitled  to  take  rank. 
[See  22  June,  1874,  j;os/.] 

15  July,  1870,  s.  7,  v.  16,  p.  333. 

22  June,  1874.        That  on  and  after  the  passage  of  this  act,  any  officer  of  the  Navy  who 

Comm  ence  ^^^       promoted  in  course  to  fill  a  vacancy  in  the  next  higher  grade 

ment  6f  pay  on  shall  be  entitled  to  the  pay  of  the  grade  to  which  promoted  from  the 

promotion.  date  he  takes  rank  therein,  if  it  be  subsequent  to  the  vacancy  he  is 

appointed  to  fill.     *    *    i^     [See  notes  under  Promotion.] 

22  June,  1874,  v.  18,  p.  191. 


PAY    AND    ALLOWANCES.  69 

Sec.  1564.  Any  person  performing  the  duties  of  paymaster,  acting  as-  Title  15,  Chap.  8. 
sistant  paymaster,  or  assistant  paymaster,  in  a  ship  at  sea,  or  on  a  for-  Person  acting 
eign  station,  or  on  the  Pacific  coast  of  the  United  States,  by  appoint- as  paymaster, 
ment  of  the  senior  officer  present,  in  case  of  vacancy  of  such  office,  in  w  h  en  oflace  va- 
accordance  with  the  provisions  of  section  thirteen  hundred  and  eighty- c*»ii*^  i"  ship  at 
one,  and  not  otherwise,  shall  be  entitled  to  receive  the  pay  of  such  grade  ^®*' 
while  so  acting.  [See  ^S  1381,  under  Pay  Cori^s.] 
17  July,  1861,  s.  4,  v.  12,  p.  258. 

Sec.  1565.  The  pay  of  chiefs  of  Bureaus  in  the  Navy  Department    Chiefs  of  Bu- 
shall  be  the  highest  pay  of  the  grade  to  which  they  belong,  but  not  ^®'^'^^- 
below  that  of  conmiodore. 

3  March,  1871,  s.  12,  v.  16,  p.  537. 

Sec.  1567.  Officers  who  are  orderd  to  take  charge  of  naval  stores  for    Officersserving 
foreign  squadrons,  in  the  place  of  naval  storekeepers,  shall  be  entitled  ^  f^lf^^^t?- 
to  receive,  while  so  employed,  the  shore-duty  pay  of  their  grades;  andtions. 
when  the  same  is  less  tliau  fifreen  hundred  dollars  a  year,  they  may  be 
allowed  compensation,  including  such  shore-duty  pay,  at  a  rate  not  ex- 
ceeding fifteen  Imndred  dollars  a  year, 

17  June,  1844,  s.  1,  v.  5,  p.  700. 

Sec.  1568.  Civilians  appointed  as  storekeepers  on  foreign  stations  shal  ]£eei?r8^^on^*ior 
receive  compensation  for  such  services,  at  a  rate  not  exceeding  fifteen  ^jg^  stations, 
hundred  dollars  a  year. 

17  June,  1844,  s.  1,  v.  5,  p.  700.         3  March,  1847,  s.  3,  v.  9,  p.  172. 

Sec.  1569.  The  pay  to  be  allowed  to  petty  officers,  excepting  mates  Pay  of  enlisted 
and  the  pay  and  bounty  upon  enlistment  of  seamen,  ordinary  seamen'  *^®°* 
firemen,  and  coal-heavers,  in  the  naval  service,  shall  be  fixed  by  the 
President:  Provided,  That  the  whole  sum  to  be  given  for  the  whole  pay 
aforesaid,  and  for  the  i^ay  of  officers,  and  for  the  said  bounties  upon 
enlistments  shall  not  exceed,  for  any  one  year,  the  amount  which  may, 
in  such  year,  be  appropriated  for  such  purposes. 

18  April,  1814.  s.  1,  v.  3,  p.  136.         3  March,  1847,  s.  4,  v.  9,  p.  173. 
1  July,  1864,  s.  4,  v.  13,  p.  342.         3  March,  1865,  s.  2,  v.  13,  p.  539. 

Sec.  1570.  Every  seaman,  ordinary  seaman,  or  landsman  who  performs     Additional  pay 
the  duty  of  a  fireuuin  or  coal-heaver  on  board  of  any  vessel  of  war  shall  fireme^na^jfcwi^ 
be  entitled  to  receive,  in  addition  to  his  com]3ensation  as  seaman,  ordi-  heavers, 
nary  seaman,  or  landsman,  a  compensation  at  the  rate  of  thirty-three 
cents  a  day  for  the  time  he  is  employed  as  fireman  or  coal-heaver. 

1  March,  1869,  s.  2,  v.  15,  p.  280. 

Sec.  1572.  All  petty  officers  and  persons  of  inferior  ratings  who  are     Detention    be- 
detaiued  beyond  the  terms  of  service,  according  to  the  provisions  of  yondterm  of  en- 
section  fourteen  hundred  and  twenty-two,  or  who,  after  the  termination  hstment. 
of  their  service,  voluntarily  re-enrer,  to  serve  until  the  return  to  an 
Atlantic  port  of  the  vessel  to  which  they  belong,  and  until  their  regu- 
lar discharge  therefrom,  shall,  for  the  time  during  which  they  are  so 
detained  or  so  serve  beyond  their  original  terms  of  service,  receive  an 
addition  of  one-fourth  of  their  former  pay.    [  See  $  1422,  under  Seamen.  ] 
17  July,  1862,  s.  17,  v.  12,  p.  610. 

Sec.  1573.  If  any  seaman,  ordinary  seaman,  landsman,  fireman,  coal-    Bounty-pay  for 
heaver,  or  boy,  being  honorably  discharged,  shall  re-enlist  for  three  re-enlisting, 
years,  within'three  months  thereafter,  he  shall,  on  presenting  his  hon- 
orable discharge,  or  on  accounting  in  a  satisfactory  manner  for  its  loss, 
be  entitled  to  pay,  during  the  said  three  months,  'equal  to  that  to  which 
he  would  have  been  entitled  if  he  had  been  employed  in  actual  service, 

2  March,  1855,  s,  2,  v.  10,  p.  627.         7  June,  1864,  v.  13,  p.  120. 

Sec.  1574.  When  the  crew  of  any  vessel  of  the  United  States  are  Crews  of 
separated  from  such  vessel,  by  means  of  her  wreck,  loss,  or  destruction,  ^^g^g^g  ^^ 
the  pay  and  emoluments  of  such  of  the  officers  and  men  as  shall  appear 
to  the  Secretary  of  the  Navy,  by  the  sentence  of  a  court-martial  or 
court  of  inquiry,  or  by  other  satisfactory  evidence,  to  have  done  their 
utmost  to  preserve  her,  and,  after  said  wreck,  loss,  or  destruction,  to 
have  behaved  themselves  agreeably  to  the  discipline  of  the  Navy,  shall 
go  on  and  be  paid  them  until  their  discharge  or  death. 

17  July,  1862,  s.  14,  v.  12,  p.  608. 

Sec.  1575.  The  pay  and  emoluments  of  the  officers  and  men  of  any  Crews  of  ves- 
vessel  of  the  United  States  taken  by  an  enemy  who  shall  appear,  by  sels  ta^e^^  ^J  ^ 
the  sentence  of  a  court-martial  or  otherwise,  to  have  done  their  utmost  ^'^^^y- 


70  FURLOUGH  AND  FURLOUGH-PAY. 

to  preserve  and  defend  their  vessel,  and,  after  the  taking  thereof,  to 
have  behaved  themselves  agreeably  to  the  discipline  of  the  Navy,  shall 
go  on  and  be  paid  to  them  until  their  exchange,  discharge,  or  death. 
Idem. 

A^ssignments  of     Sec.  1576.  Every  assignment  of  wages  due  to  persons  enlisted  in  the 

wages.  naval  service,  and  all  powers  of  attorney,  or  other  authority  to  draw, 

receipt  for,  or  transfer  the  same,  shall  be  void,  unless  attested  by  the 

commanding  officer  and  paymaster.     The  assignment  of  wages  must 

specify  the  precise  time  when  they  commence. 

30  June,  1864,  s.  12,  v.  13,  p.  310. 

Pay  of  retired     Sec.  1588.  The  pay  of  all  officers  of  the  Navy  who  have  been  retired 
officers.  after  forty-five  years'  service  after  reaching  the  age  of  sixteen  years,  or 

who  have  been  or  may  be  retired  after  forty  years'  service,  upon  their 
own  application  to  the  President,  or  on  attaining  the  age  of  sixty-two 
years,  or  on  account  of  incapacity  resulting  from  long  and  faithful 
service,  from  wounds  or  injuries  received  in  the  line  of  duty,  or  from 
sickness  or  exposure  therein,  shall,  when  not  on  active  duty,"  be  equal 
to  seventy-five  per  centum  of  the  sea-pay  provided  by  this  chapter  for 
the  grade  or  rank  which  they  held,  resjiectively,  at  the  time  of  their 
retirement.  The  pay  of  all  other  officers  on  the  retired  list  shall,  when 
not  on  active  duty,  be  equal  to  one-half  the  sea-pay  provided  by  this 
chapter  for  the  grade  or  rank  held  by  them,  respectively,  at  the  time  or 
their  retirement.     [See  note  1588,  Retirement.] 

15  July,  1870,  s.  5,  v.  16,  p.  333.         3  March,  1873,  s.  1,  v.  17,  p.  555. 

Rear-admirals       ^^^*  1^89.  Rear-admirals  on  the  retired  list  of  the  Navy,  who  were 
retired.  '  retired  as  captains  when  the  highest  grade  in  the  Navy  was  captain,  at 

the  age  of  sixty-two  years,  or  after  forty-five  years'  service,  and  who, 
after  their  retirement,  were  promoted  to  the  grade  of  rear-admiral,  and 
performed  the  duties  of  that  grade  in  time  of  war,  shall  be  considered 
as  having  been  retired  as  rear-admirals. 

5  June,  1872,  s.  1,  v.  17,  p.  226.        3  March,  1873,  s.  1,  v.  17,  p.  555. 
Third  assistant     Sec.  1590.  Officers  who  have  been  retired  as  third  assistant  engineers 
tSed!*^^  '^^ '   ^  ^   shall  continue  to  receive  pay  at  the  rate  of  four  huudred  dollars  a  year. 
3  March,  1859,  s.  2.  v.  11.  p.  407.  12  April,  1864.  s.  7,  v.  13,  p.  54. 

3  Aug.,  1861,  8.  22,  V.  12,  p.  290.  15  July,  1870,  s.  5,  v.  16,  p.  333. 

16  July,  1862,  s.  20,  v.  12,  p.  587. 

crea/vd  V'*  ^^       ^^c.  1591.  No  officer,  heretofore  or  hereafter  promoted  upon  the  re- 
motion.     ^   ^^^  tired  list,  shall,  in  consequence  of  such  promotion,  be  entitled  to  any 
increase  of  pay. 

15  July,  1870,  s.  5,  v!  16,  p.  333.        2  March,  1867,  s.  9,  v.  14,  p.  517. 

Pay  on  active     Sec.  1592.  Officers  on  the  retired  list,  when  on  active  duty,  shall  re- 
duty,  ceive  the  full  pay  of  their  respective  grades. 

2  March,  1867,  s.  9,  v.  14,  p.  517.        1  June,  1860,  s.  5.  v.  12,  p.  27. 

Officers  retired      Sec.  1593.  Officers  placed  on  the  retired  list,  on  furlough  pay,  shall 
on  furlough-pay.  receive  only  one-half  of  the  pay  to  which  they  would  have  been  entitled 
if  on  leave  tff  absence  on  the  active  list.    [See  ^  1594,  Furlough.] 

3  March,  1835,  s.  1,  v.  4,  p.  756.  3  Aug.,  1861,  s.  23,  v.l2,  p.  291. 
28  Feb.,  1855,  s.  2,  v.  10,  p.  616.  28  July.  1866,  s.  2,  v.  14,  p.  345. 
16  Jan.,  1857,  s.  1,  v.  11,  p.  154.       30  Jan.,  1875,  v.  18,  p.  504. 

Title  56.  Sec.  4688.  The  Secretary  of  the  Treasury  may  make  such  allowances 

.,,  —  to  the  officers  and  men  of  the  Army  and  Navy,  while  employed  on  Coast 

subsistence.^  ^^  Survey  service,  for  subsistence,  in  addition  to  their  compensation,  as  he 
may  deem  necessary,  not  exceeding  the  sum  authorized  by  the  Treasury 
regulation  of  the  eleventh  day. of  May,  eighteen  hundred  and  forty- 
four. 

12  June,  1858,  s.  1,  v.  11,  p.  319. 

KoTE.  —Additional  allowances  for  subsistence  may  be  legally  made  to  officers 
of  the  Army  or  ]S'avy  while  emj)loyed  on  coast  survey  service.  The  -word  pay 
in  section  4684,  Coast  Survey,  Part  III,  refers  to  the  pay  proper  of  an  officer. — 
Op.  XV,  p.  283,  Devens.  May  23,  1877. 


EXTRA  PAY,  EXTRA  SALARIES,  ETC.  71 

/ 
FURLOUGH  AND  FURLOUGH-PAY. 

Sec.  I  Sec. 

1442.  Placin;?  on  furlough.  1594.  Transfer  from  furlough  to  retired  pay. 

1557.  Furlough-pay.  I 

Sbc.  1442.  The  Secretary  of  the  Navy  shall  have  authority  to  place  Title  15,  Chap.  2. 
on  furlough  any  officer  on  the  active  list  of  the  Navy.    [See  note,  p.  19.]     placing  on  fur 

3  March,  183"),  s.  1,  v,  4,  p.  756.        3  March,  1845,  8.  6,  v.  5,  p.  794.  lough. 
28  Feb.,  1855,  s.  3,  v.  10,  p.  617.        1  June,  1860,  s.  4,  v.  12,  p.  27, 

Sec-  1557.  Officers  on  furlough  shall  receive  only  one-half  of  the  pay  Title  15, Chap.  8. 
to  which  they  would  have  been  entitled  if  on  leave  of  absence.  Furlough-Dav 

IJune,  1860,  s.  4,  v.  12,  p.  27.        3  March,  1845.  s.  6,  v.  5,  p.  794, 
3  March  1835,  a.  1,  v.  4,  p.  756. 

Sec.  1.594,  The  President,  by  and  with  the  advice  and  consent  of  the  Transfer  from 
Senate,  may  transfer  any  officer  on  the  retired  list  from  the  furlough  furlough  to  re- 
to  the  retired-pay  list.  *'^^  P^^- 

16  Jan.,  1857,  s.  3,  v.  11,  p.  154. 
16  July,  1862,  s.  20.  v.  12;  p.  587. 
Note. — When  an  ofiicer  is  transferred,  as  authorized  by  this  section,  the 
causes  for  his  retirement  determine  the  rate  of  his  pay  under  section  1588.  An 
officer  retired  on  furlough  pay  from  causes  not  incittent  to  the  service  cannot  be 
transferred  to  the  75  per  cent,  pay  list.  If  so  transferred  by  nomination  and 
confirmation,  it  would  not  be  the  duty  of  the  accounting  officer  to  pay  him  75  per 
cent,  of  sea  pay.— Op.  XVI,  p.  23,  Devens,  May  29,  1878. 

[An  act  approved  January  30,  1875,  v.  18,  p.  304,  allows  difference  of 
pay  to  certain  officers,  or  their  heirs,  who  were  furloughed  under  the 
a€t  of  February  28,  1855,  and  subsequently  restored  to  the  active  list.  J 


EXTRA  PAY,  EXTRA  SALARIES,  ETC. 


Sec. 

170.  To  clerks  prohibited. 

1768.  Double  salaries. 

1764.  Extra  services. 

1765.  Extra  allowances. 


Sec. 

2687.  Apportionment  of  salaries. 

3654.  Extra  compensation  for  disbursements. 

Extra  compensation  forbidden. 


Sec.  170.  No  money  shall  be  paid  to  any  clerk  employed  in  either         Title  4. 

Department  at  an  annual  salary,  as  compensation  for  extra  services,  Extra  compen^ 
unless  expressly  authorized  by  law.  sation  to  clerks 

17  June,  1844,  s.  1,  v.  5,  pp.  681,  687.  prohibited. 

3  March,  1863,  s.  3,  v.  10,  pp.  209,  211. 

28  Feb.,  1867,  res,  30,  s.  2,  v.  14.  p.  569, 

Sec.  1763.  No  person  who  holds  an  office,  the  salary  or  annual  com-       Title  19^ 
pensation  attached  to  which  amounts  to  the  sum  of  two  thousand  five  Double  salaries, 
hundred  dollars,  shall  receive  compensation  for  discharging  the  duties 
of  any  other  office,  unless  expressly  authorized  by  law.     [See  20  June, 
1874,  post.  ] 

31  Aug.,  1852,  8. 18,  v,  10,  p,  100. 

Sec.  1764.  No  allowance  or  compensation  shall  be  made  to  any  officer  Extra  services, 
or  clerk,  by  reason  of  the  discharge  of  duties  which  belong  to  any  other 
officer  or  clerk  in  the  same  or  any  other  Department;  and  no  allowance 
or  compensation  shall  be  made  for  any  extra  services  whatever,  which 
any  officer  or  clerk  may  be  required  to  perform,  unless  expressly  author- 
ized by  law. 

26  Aug.,  1842,  s,  12,  v,  5.  p.  525. 

Sec,  1765.  No  officer  in  any  branch  of  the  public  service,  or  any  other  Extra  al  low- 
person  whose  salary,  pay,  or  emoluments  are  fixed  by  law  or  regulations,  ances. 
shall  receive  any  additional  pay,  extra  allowance,  or  compensation,  in 
any  form  whatever,  for  the  disbursement  of  public  money,  or  for  any 
other  s=-rvice  or  duty  whatever,  unless  the  same  is  authorized  by  law, 
and  the  appropriation  therefor  explicitly  states  that  it  is  for  such  addi- 
tional pay,  extra  allowance,  or  compensation. 

3  March,  1839,  s.  3,  v.  5,  p.  349. 
23  Aug.,  1842,  8,  2,  v.  5,  p,  510. 
An  officer  who  has  been  appointed  to  and  is  fully  invested  with  two  distinct 
offices  may  receive  the  compensation  appropriated  for  each.    Sections  1763, 
1764, 1765  do  not  apply  to  such  a  case.    It  is  for  the  appointing  power  to  deter-  ^ 

mine  whether  the  party  can  properly  and  fully  perform  the  duties  of  the  two 
■offices.— Op,  XVI,  7,  May  9,  1878.  See  also  Op.  XII,  459,  on  this  subject.  Also 
ander  Exkcutivb  Department,  Part  III. 


72  TRAVELING   EXPENSES. 

Title 34, Chap 2.     Sec.  2687.  Collectors  and  all  other  officers  of  the  customs,  serving  for 
Apportionment  ^  ^^^^  period  than  a  year,  shall  not  be  paid  for  the  entire  year,  hut  shall 
of  compensation  l>e  allowed  in  no  case  a  greater  than  a  pro  reta  of  the  maximum  com- 
for  part  of  apensation  of  such  officers  respectively  for  the  time  only  which  they 
year's  service,      actually  serve  as  sucli  collectors  or  ofiQcers,  whether  the  same  be  under 
one  or  more  appointments,  or  before  or  after  confirmation.    And  no  col- 
lector or  other  officer  shall,  in  any  case,  receive  for  his  services,  either 
as  fees,  salary,  fines,  penalties,  forfeitures,  or  otherwise,  for  the  time  he 
may  be  in  service,  beyond  the  maximum  pro  rata  rate  provided  by  law. 
And  this  section  shall  be  applied  and  enforced  in  regard  to  all  officers, 
agents,  and  employes  of  the  United  States  whomsoever,  as  well  those 
whose  compensatio»  is  determined  by  a  commission  on  disbursements, 
not  to  exceed  an  annual  maximum,  as  those  paid  by  salary  or  otherwise. 
11  Feb.,  1846,  s.  1.  v.  9,  p.  3.         18  July,  1866,  s.  34,  t.  14,  p.  186. 
Title  40.  Sec.  3654.  No  extra  compensation  exceeding  one-eighth  of  one  x^er 

Extra  compen- centum  shall  in  any  case  be  allowed  or  paid  to  any  officer,  person,  or 
sation  for  (fi  s  •  corporation  for  disbursing  moneys  appropriated  to  the  construction  of 
bursements.         any  public  building.     See  3  March,  1875,  post 

3  March,  1869,  v.  15,  p.  312. 
3  March,  1875.       The  provisions  of  the  act  of  March  3,  1869  [sec.  3654]  were  intended 
and  shall  be  deemed  and  held  to  limit  the  compensation  to  be  allowed 
to  any  disbursing  officer  who  disburses  moneys  appropriated  fer  and 
expended  in  the  construction  of  any  public  building  as  aforesaid  to 
three-eighths  of  one  per  centum  for  said  services. 
3  March,  1875,  v.  18,  p.  415. 
June  20, 1874.        That  no  civil  officer  of  the  Government  shall  hereafter  receive  any 
Extra  compen-  compensation  or  perquisites,  directly  or  indirectly,  from  the  treasury 
sation  to  civiloffi-  or  property  of  the  United  States  beyond  his  salary  or  compensation 
cers  prohibited,   allowed  by  law :  Provided,  That  this  shall  not  be  construed  to  prevent 
the  employment  and  payment  by  the  Department  of  Justice  of  district 
attorneys  as  now  allowed  by  law  for  the  performance  of  services  not 
covered  by  their  salaries  or  fees.     [See  0.  C,  XVI,  Warden's  case,  and 
XV,  p.  22.] 

20  June,  1874,  s.  3,  v.  18,  p.  85. 

[Extra  Pay  to  Enlisted  Persons.     See  under  Seamen.] 

TRAVELING  EXPENSES. 

Sec.  I  Sec. 

Actual  expenses.  Approval  of  Secretary  required. 

Mileage.  850.  Clerks,  &c. ,  sent  off  as  witnesses. 

1566.  Allowance  in  foreign  countries.  !  Traveling  expenses  of  naval  cadets. 

^16  June,  1874.  Only  actual  traveling  expenses  shall  be  allowed  to  any  person  holding 
"traveling  ex-  employment  or  appointment  under  the  United  States,  and  all  allow- 
ances for  mileages  and  transportation  in  excess  of  the  amount  actually 
paid  are  hereby  declared  illegal ;  and  no  credit  shall  be  allowed  to  any 
of  the  disbursing  officers  of  the  United  States  for  payment  or  allow- 
ances in  violation  of  this  provision.* 

16  June,  1874,  s.  1,  v.  18,  p.  72.     [See  June  30,  1876.] 
30  June,  1876.        So  much  of  the  act  of  Jutie  16,  1874  Isupra']  "■  as  is  applicable  to  offi- 
■ —  cers  of  the  Navy  so  engaged,  is  hereby  repealed : 

ceSonlem'*^'      "-^^^  *^®  ®""*  "^  ^^^^^'  ^^"*^  .P^^'  "^^^®  ^^^^^  ^^  allowed  such  officers, 

•'■  while  so  engaged,  in  lieu  of  their  actual  expenses."    [See  Aug.  5, 1862.] 

30  June,  1876,  v.  19,  p.  65. 

Note. — Mileage  is  allowed  to  officers  of  the  ISTaw  in  lieu  of  actual  expenses 

by  the  act  of  June  30,  1876  (19  Stat.  L.,  65).    Congress  knew  that  naval  ofiicers 

were  required  to  tiavel  across  oceans  and  through  foreign  countries  when  they 

passed  the  above  act.     The  .statute  establishes  one  rule — mileage  for  all  travel 

by  naval  officers. — C.  C,  XIV,  377.     Affirmed  on  same  grounds  by  Supreme 

Court,  Otto.  97150.  See  also  Op.  XVI,  147,  XV,  311,  XIV,  590,  681,  683  ;  IX,  261, 

411,  417;  XIII,  526,  as  to  traveling  expenses,  residence,  &c. 

Sec.  1566.     *     *    *    And  an  allowance  may  be  made  to  officers  travel- 
Tltje  15,  Chap.  8.  ing  in  foreign  countries  under  orders,  for  expenses  of  transportation  of 

— — —  baggage  necessarily  incurred.     And  no  officer  shall  be  paid  mileage, 

officers^aveling  ^^^ept  for  travel  actually  performed  at  his  own  expense  and  in  obedi- 
in  foreign  conn   ^nce  to  orders.     [See  Aug.  5,  1882,  jiost.'] 

*"®S.  3  March,  1835,  s.  2,  v.  4,  p.  757.         17  Julv,  1862,  s.  7,  v.  12.  p.  595. 

15  July,  1 870,  s.  4,  v.  16,  p.  332. 

*  An  act  of  Feb.  22,   1875,  ex*  mpted  attorneys,   marshals,  and  clerks  of  the  U.  S. 
courts ;  the  clause  of  June  16,  1S74,  was  lepcatt  d  March  3,  1875,  with  like  exemption. 


PROFESSORS    OF   MATHEMATICS.  7^ 

*     *     *     No  allowance  shall  be  made  in  the  settlement  of  any  account     18  Jan.,  1875. 

for  traveling  expenses  unless  the  same  be  incurred  on  the  order  of  the  ~^Tj  ~ 

Secretary  of  the  Navy,  or  the  allowance  be  approved  l/y  him.  1,^  approved  by 

18  Jan.,  1875,  v.  18,  p.  297.     [Naval  appropriation  act.  ]  Secretaryot 

Officers  of  the  Navy  traveling  abroad  under  orders  hereafter  issued     s^Qg  igg2. 

shall  travel  by  the  most  direct  route,  the  occasion  and  necessity  for  ^ '- — 

such  order  to  be  certified  by  the  officer  issuing  the  same ;  and  shall  re-     Travel  abroad.^ 
ceive,  in  lieu  of  the  mileage  now  allowed  by  law,  only  their  actual  and 
reasonable  expenses,  certified  under  their  own  signatures  and  approved 
by  the  Secretary  of  the  Navy. 

5  Aug.,  1882.     P.  E.  L.  p.  285. 
Sec.  850.  When  any  clerk  or  other  officer  of  the  United  States  is  sent     Clerks,  &c.y 
away  from  his  place  of  business  as  a  witness  for  the  Government,  his  sent  away  as  wit- 
necessary  expenses,  stated  in  items  and  sworn  to,  in  going,  returning,  messes. 
and  attendance  on  the  court,  shall  be  audited  and  paid ;  but  no  mileage, 
or  other  compensation  in  addition  to  his  salary,  shall  in  any  case  be 
allowed. 

26  Feb.,  1863,  s.  3,  v.  10,  p.  167. 
Note.— The  necessary  expenses  incurred  by  soldiers  as  witnesses  for  the  Gov- 
ernment allowable  under  section  850  may  be  paid  by  marshals  upon  proper 
proof  thereof. — XVI,  Op.  147.  Army  officers  and  soldiers  are  entitled  to  receive 
their  necessary  expenses  in  going,  returning,  and  attendance  on  the  court,  which 
must  be  stated  in  items  and  sworn  to.  They  are  not  in  such  cases  entitled  to 
mileage  or  tvitness  fees.  The  section  embraces  any  person  who  is  an  employ6  of 
the  United  States,  in  however  humble  a  capacity. — Op.  XVI,  113. 

[The  naval  appropriation  act  of  March  .3, 1883,  provides  for  the  actual 
and  necessary  traveling  expenses  of  naval  cadets  while  proceeding  from 
their  homos  to  the  Naval  Academy  for  examination  and  appointment  as 
naval  cadets.] 

[Tkaveling  expenses  of  marine  officers.    See  Part  II.] 
PROFESSOES  OF  MATHEMATICS. 

Sec.  !  Sec. 

436.  In  charge  of  Xautical  Almanac.  '   1481.  Eank  when  retired. 

1399.  Number  allowed.  1528.  Duty  at  Naval  Academy. 

1400.  Hbw  appointed.  !  1556.  Pay. 

1401.  Duties.  j  Qualifications. 

1480.  Kank  on  active  list.  1 

Sec.  436.  The  Secretary  of  the  Navy  may  place  the  supervision  of  the        Title  10. 
Nautical  Almanac  in  charge  of  any  officer  or  professor  of  mathematics  "^     1      i~~ii 
in  the  Navy  who  is  competent  for  that  service.     Such  officer  or  profes-  in ch^^se of  Nau- 
sor,  when  so  employed,  shall  be  entitled  to  receive  the  shore-duty  pay  tical  Ahnanac. 
of  his  grade,  and  no  other.  Pay. 

3  March,  1857,  s.3,  v.  11,  p.  246. 

Sec.  1399.  The  number  of  professors  of  mathematics  in  the  Navy  shall  Title  U,  Chap  U 
not  exceed  twelve. 


Number. 
3  Aug.,  1848,  s.  12,  v.  9,  p.  272.        31  May,  1872,  s.  1,  v.  17,  p.  192. 

Sec.  1400.  Professors  of  mathematics  shall  be  appointed  and  commis-     Appointment, 
sioned  by  the  President  of  the  United  States,  by  and  with  the  advice 
and  consent  of  the  Senate.    [vSee  Jan.  20,  1881,  post.'] 
3  Aug.,  1848,  s.  12,  v.  9,  p.  272. 

Sec.  1401.  Professors  of  mathematics  shall  perform  such  duties  as    Duties 
may  be  assigned  them  by  order  of  the  Secretary  of  the  Navy,  at  the 
Naval  Academy,  the  Naval  Observatory,  and  on  board  ships  of  war,  in 
instructing  the  midshipmen  of  the  Navy,  or  otherwise. 
3  Aug.,  1848,  s.  12,  v.  9,  p.  272. 

Sec.  1480.  Professors  of  mathematics  shall  have  relative  rank  as  fol-  Tuie  i".  Cban  4 

lows:  Three,  the  relative  rank  of  captain;  four,  that  of  commander; "         l-!" 

and  five,  that  of  lieutenant- commander  or  lieutenant.  Kank. 

31  May,  1872,  s.  1,  v.  17,  p.  192. 

Sec.  1481.  *     *     Professors  of  mathematics    "     *     who  shall  have     Relative  rank 
served  faithfully  for  forty-five  years,  shall,  when  retired,  have  the  rela-  when  ret  ir  ed 
tive  rank  of  commodore ;  and    *     "^     who  have  been  or  shall  be  retired  from    ageor 
at  the  age  of  sixty-two  years,  before  having  served  for  forty-five  years,  length  of  service 
but  who  shall  have  served  faithfully  until  retired,  shall,  on  the  com- 
pletion of  forty  years  from  their  entry  into  the  service,  have  the  rela- 
tive rank  of  commodore. 

Marcli,  1871,  s.  11,  v.  16,  p.  537. 


74 


PROMOTION    OR   ADVANCEMENT   IN    THE    NAVY. 


Title  15,  Chap.  5.     Sec.  1528.  Three  professors  of  mathematics  shall  be  assigned  to  duty 
Profesaors    of  ^*  *^^  Naval  Academy,  one  as  professor  of  ethics  and  English  studies, 
ethics,    Spanish,  one  as  professor  of  the  Spanish  language,  and  one  as  professor  of  draw- 
and  drawing.     '  ing.     [See  note,  same  section,  Naval  Academy.] 

21  May,  1864,  s.  3,  v.  13,  p.  85. 


Title  15,  Cliap.  8. 
Pay. 


Sec.  1556.  *  *  Professors  of  mathematics  *  *  *  during  the  first 
five  years  after  date  of  appointment,  when  on  duty,  two  thousand  four 
hundred  dollars ;  on  leave,  or  waiting  orders,  one  thousand  five  hun- 
dred dollars;  during  the  second  five  years  after  such  date,  when  on 
duty,  two  thousand  seven  hundred  dollars ;  on  leave,  or  waiting  orders, 
one  thousand  eight  hundred  dollars ;  during  tho  third  five  years  after 
such  date,  when  on  duty,  three  thousand  dollars ;  on  leave,  or  waiting 
orders,  two  thousand  one  hundred  dollars ;  after  fifteen  years  from  such 
date,  when  on  duty,  three  thousand^five  hundred  dollars;  on  leave,  or 
waiting  orders,  two  thousand  six  hundred  dollars. 

15  July,  1870,  8.  3,  v.  16,  p.  331. 

20  Jan.,  1881.        Hereafter  no  person  shall  be  appointed  a  professor  of  mathematics  in 

~0 — I'fi — t^^ *^®  Navy  until  he  shall  have  passed  a  physical  examination  before  a 

^jua  1  ca  ions,  ^^j^^g^j.^  ^^f  naval  surgeons,  and  a  profesional  examination  before  a  board 
of  professors  of  mathematics  in  the  Navy,  to  be  convened  for  that  pur- 
pose by  the  Secretary  of  the  Navy,  and  received  a  favorable  report  from 
said  boards. 

20  Jan. ,  1881,  v.  21,  p.  317. 


promotio:n^  or  adyaxoement  iis^  the  kayy. 


GENERAL  PROVISIONS. 


Sec. 

1407.  Promotion  of  seamen. 

1447.  Retirement  on  not  passing  both  boards. 

1458.  Promotion  to  vacancies  by  retirement. 

— -    Rule  of  promotion,  line  and  staff. 

1493.  Physical  examination. 

1494.  Physical  disqualification  by  wounds. 

1495.  Examinations,  when,  and  effect  of. 

1496.  Examination  of  professional  fitness. 

1497.  Promotion  to  rear-admiral  in  time  of  peace. 

1498.  Examining  board. 

1499.  Powers  of. 

Restriction  on  examination. 

1500.  Officer  may  be  present,  &.c. 

1501.  Record. 

1502.  Revision  by  the  President. 


Sec. 

1503.  No  officer  to  be  rejected  without  examina- 
tion. 

Report  of  recommendation. 

Failing  in  examination. 

Failing  in  moral  examination. 

Advancement  in  number. 

1507.  Promotion  wheu  grade  is  full. 

1508.  Officers  receiving  thanks  of  Congress.. 

1509.  Effect  of  vote  of  thanks. 

1510.  Yacaucies  occasioned  by  death,  &c.,  of  offi- 

cers thanked. 
Commencement  of  pay.  original  entry. 
Commencement  of  pay  of  promoted  officers. 
Commencement  of  pay  on  promotion. 
Pay  in  delayed  examinations. 


1.504. 
1505. 


1506. 


1560. 
1561. 


1562. 


Title  15,  Chap.  1.     Sec.  1407.  Seamen  distinguishing  themselves  in  battle,  or  by  extra- 
Promotion     ^ordinary  heroism  in  the  line  of  their  profession,  may  be  promoted  to 
seamen  to  war-  forward  warrant  officers,  upon  the  recommendation  of  their  command- 
rant  officers.        ing  officer,  approved  by  the  flag-officer  and  Secretary  of  the  Navy.  And 
upon  such  recommendation  they  shall  receive  a  gratuity  of  one  hundred 
dollars  and  a  medal  of  honor,  to  be  prepared  under  the  direction  of  the 
*       Navy  Department. 

17  May,  1864,  s.  3,  v.  13,  p.  79. 
Title  15,  Chap.  3.     Sec.  1447.  When  the  case  of  any  officer  has  been  acted  upon  by  a 
^fficersreiected^®^      of  naval  surgeons  and  an  examining  board  for  promotion,  as  pro- 
from  promotion,  vided  in  Chapter  Four  of  this  Title,  and  he  shall  not  have  been  recom- 
mended for  promotion  by  both  of  the  said  boards,  he  shall  be  placed 
upon  the  retired  list.     [See  ^  1505 ;  also  act  Aug.  5,  1882.] 

21  AprU,  1864,  s.  4,  v.  13,  p.  53. 

!NOTE. — The  President  has  power  to  review  the  action  and  finding  of  a  board 
of  naval  surgeons  constituted  under  the  fourth  section  of  the  act  of  April  21, 1864. 
Both  examinations  must  precede  a  promotion,  and  the  finding  as  to  both  must 
be  approved  by  the  President.— Op.  XII,  347,  Dec.  30,  1867,  Stanberry. 

Promotion    t  o     §^0.'  14.58.  The  next  officer  in  rank  shall  be  promoted  to  the  place  of 
J^r  "tiiement      ^  retired  officer,  according  to  the  established  rules  of  the  service,  and 
the  same  rule  of  promotion  shall  be  applied  successively  to  the  vacan- 
cies consequent  upon  the  retirement  of  an  officer.     [See  act  following.] 
3  Aug.,  1861,  8.  22,  v.  12,  p.  291.        211Dec.,  1862,  s.  6,  v.  12,  p.  330. 
5  Aug.,  1882.         Hereafter  only  one-half  of  the  vacancies  in  the  various  grades  in  the 
Rule  of  promo-  ^^^^  ®^  *^^  Navy  shall  be  filled  by  promotion  until  such  grades  shall  bo 
tion  in  the  line,    reduced  to  the  following  numbers,  namely :  rear  admirals,  six  ;  com- 


PROMOTION  OR  ADVANCEMENT  IN  THE  NAVY.        75 

modores,  ten ;  captains,  forty-five  ;  commanders,  eighty-five ;  lieutenant 
commanders,  seventy-four;  lieutenants,  two  hundred  and  fifty;  lieu- 
tennnt  of  the  junior  grade,  seventy-five ;  ensigns,  seventy-five  ;  and  there- 
after nromotious  to  all  vacancies  shall  be  made  but  not  to  increase 
either'of  said  grades  above  the  numbers  aforesaid. 

5  Aug., 1882,  P.  E.  L.,_p.  286.    [Naval  appropriation  act.] 

3  March,  1883,  P.  E.  L.,  p.  472. 

Hereafter  only  one-half  of  the  vacancies  in  the  various  grades  in  the    3  March,  1883. 
staff  corps  of  the  Navy  shall  be  filled  by  promotion  until  such  grade^    Rule  of  Dromo" 
shall  be  reduced  to  the  numbers  fixed  for  the  several  grades  of  the  staff  ^.^^j^  ^^  the  staff. 
cor[)s  of  the  Navy  by  the  act  of  August  fifth,  eighteen  hundred  and. 
eighty  two,  making  appropriations  for  the  naval  service  for  the  fiscal 
year  ending  .June  thirtieth,  eighteen  hundred  and  eighty  three,  and  for 
other  purposes.     [See  under  Pay  Corps  and  Engineer  Corps.] 

3  March,  1883,  P.  E.  L,  p.  472.     [Xaval  appropriation  act.] 
Sec.  149:1.  No  officer  shall  be  promoted  to  a  higher  grade  on  the  active  Title  15,  Chap.  4. 
list  of  the  Navy,  except  in  the  case  provided  in  the  next  section,  until   pi^ygical  exami- 
he  has  been  examined  by  a  board  of  naval  surgeons  and  pronounced  nation, 
physically  qualified  to  perform  all  his  duties  at  sea. 

21  April,  1864,  s.  4,  t.  13,  p.  53.        28  July,  1866,  s.  1,  v.  14,  p.  344. 
Note.— The  acceptance  of  a  promotion  in  the  Navy  is  not  necessary  to  con 
snmuiate  the  appointment  of  an  officer  to  a  higher  grade.     [Case  of  an  officer 
who  died  before  the  appointment  promoting  him  was  received,  and  the  account- 
ing officers  objected  to  crediting  him  with  the  pay  of  a  higher  grade.]— Op.  XII, 
229,  Stanberry,  Aug.  1, 1867. 
Si:c.  1494.  The  provisions  of  the  preceding  section  shall  not  exclude     Phvsical  dis- 
from  the  promotion  to  which  he  would  otherwise  be  regularly  entitled  q«^cation  by 
any  officer  in  whose  case  such  medical  board  may  report  that  his  phys- 
ical disqualification  was  occasioned  by  wounds  received  in  the  line  of 
his  duty,  and  that  such  wounds  do  not  incapacitate  him  for  other  duties 
in  the  grade  to  which  he  shall  be  promoted. 
Idem. 
Sec.  1495.  Officers  subject  to  examination  before  promotion  to  a  grade     Examinations, 
limited  in  number  by  law  shall  not  be  entitled  to  examination  in  such  when, and  effect 
a  sense  as  to  give  increase  of  pay  until  designated  by  the  Secretary  of  **  • 
the  Navy  to  fill  vacancies  in  the  higher  grade  ;  and  officers  eligible  for 
promotion  to  a  grade  not  limited  in  number  shall  not  be  entitled  to 
examination  until  ordered  to  i)resent  themselves  for  examination  or 
until  a  class,  in  which  they  are  included,  has  been  so  ordered  by  the 
Secretary  of  the  Navy.     [See  §»§  1561  and  1562.] 
3  March,  1873,  s.  1,  v.  17,  p.  555. 
Sec.  1496.  No  line  officer  below  the  grade  of  commodore,  and  no  offi-    Examination  of 
cer  not  of  the  line,  shall  be  promoted  to  a  higher  grade  on  the  active  J^gf  ®^^°^*^    *^*' 
list  of  the  Navy  until  his  mental,  moral,  and  professional  fitness  to  per- 
form all  his  duties  at  sea  have  been  established  to  the  satisfaction  of  a 
board  of  examining  officers  appointed  by  the  President. 
21  April,  1864,  s.  1,  v.  13,  p.  53. 

Sec.  1497.  In  time  of  peace  no  person  shall  be  promoted  from  the  list     Promotion    to 
of  commodores  to  the  grade  of  rear-admiral,  on  the  active  list,  until  rear-admiral    in 
his  mental,  moral,  and  professional  fitness  to  perform  all  his  duties  at  "™®  **^  P®'*^®* 
sea  has  been  established  as  provided  in  the  preceding  section. 

16  Jut7, 1862,  8.  7,  V.  12,  p.  584.        21  April,  1864,  v.  13,  p.  53. 

Sec.  1498.  Such  examining  board  shall  consist  of  not  less  than  three    Exam  in  in  g 
officers,  senior  in  rank  to  the  officer  to  be  examined.  board. 

21  April,  1864,  s.  2,  v.  13,  p.  53. 

Sec.  1499.  Said  board  shall  have  power  to  take  testimony  and  to  ex-     Powers  of. 
amine  all  matter  on  the  files  and  records  of  the  Navy  Department  relat- 
ing to  any  officer  whose  case  may  be  considered  by  them.     The  wit- 
nesses, when  present,  shall  be  sworn  by  the  president  of  the  board. 
Idem,  s.  1.     [See  post,  .June  18, 1878.] 

Hereafter  in  the  examination  of  officers  in  the  Navy  for  promotion,     20  June,  1878. 
no  fact  which  occurred  prior  to  the  last  examination  of  the  candidate     ;^j;atters    once 
whereby  he  was  promoted,  which  has  been  inquired  into  and  decided  inquired  into  not 
upon,  shall  be  again  inquired  into,  but  such  previous  examination,  if  to    be    again 
approved,  shall  be  conclusive,  unless  such  fact  continuing  shows  the  brought  up. 
unfitness  of  the  officer  to  perform  all  his  duties  at  sea. 


76       PROMOTION  OR  ADVANCEMENT  IN  THE  NAVY. 

Sec.  2.  The  President  of  the  United  States  may,  in  any  cases  wherein 
the  rule  herein  prescribed  has  been  viohited,  order  and  direct  the  re- 
examination of  the  same. 

18  June,  1878,  V.  20,  265. 
Title  15,  Chap.  4.      ggo.  1500.  Any  officer  whose  case  is  to  be  acted  upon  by  such  exam- 
Officer  may  be  ining  board  shall  have  the  right  to  be  present,  if  he  so  desires,  and  to 
present  and  make  submit  a  statement  of  his  case  on  oath, 
statement.  21  April,  1864,  s.  3,  v.  13,  p.  53. 

Record.  Sec.  1501.  The  statement  of  such  officer,  if  made,  and  the  testimony 

of  the  witnesses  and  his  examination  shall  be  recorded. 
Idem, 
Revision  by  the      Sec.  1502.  Any  matter  on  the  files  and  records  of  the  Navy  Depart- 
President.  ment,  touchiug  each  case,  which  may,  in  the  opinion  of  the  board,  be 

necessary  to  assist  them  in  making  up  their  judgment,  shall,  together 
with  the  whole  record  and  finding,  be  presented  to  the  President  for 
his  approval  or  disapproval  of  the  fiuding. 
Idem. 

No  officer  to  be     Sec.  1503.  No  officer  shall  be  rejected  until  after  such  public  exami- 
rejectedwitbout  nation  of  himself  and  of  the  records  of  the  Navy  Department  in  his 
exajnination.        ^.-^^^^  unless  he  fails,  after  having  been  duly  notified,  to  appear  before 
said  board. 

Idem. 

Note.— An  officer  was  under  an  exaraiuatiou  for  promotion  (sections  1493  to 
1505),  and  tbe  examination  was  temporarily  susppnded  and  the  officer  granted 
permission  to  go  home  and  be  absent  nntil  notified  to  ajtpear.  He  failed  to  re- 
ceive the  notice;  the  examination  was  resumed  and  concluded,  the  proceedings 
approved,  and  the  officer  retired.  The  vacancy  not  bavins:  been  tilled,  and  tbe 
rights  of  no  other  person  having  intervened":  Held,  That  the  action  of  the 
President  conld  be  revoked  and  the  officer  allowed  a  rehearing.— Op.  XVI,  20, 
May  29,  1878,  Tracy's  case. 

Report  of  rec-      Sec.  1504.  Such  examining  board  shall  re^iort  their  recommendation 
ommendation.       of  any  officer  for  promotion  in  the  following  form  :   "  We  hereby  certify 

that has  the  mental,  moral,  and  professional  qualifications 

to  perform  efficiently  all  the  duties,  both  at  sea  and  on  shore,  ot  the 
grade  to  which  he  is  to  be  promoted,  and  recommend  him  for  promo- 
tion." 

16  July,  1862,  s.  4,  v.  12,  p.  584.        28  July,  1866.  s.  1,  v.  14.  p.  344. 
21  April,  1864,  s.  4,  v.  13,  p.  53. 

Failing  in   ex-      S^^-  l^^^.  Any  officer  of  the  Navy  on  the  active  lis*^  below  the  grade 
amination.  of  commander,  who,  upon  examination  for  promotion,  is  not  found  pro- 

fessionally qualified,  shall  ho  suspended  from  promotion  for  one  year, 
with  corresponding  loss  of  date  when  he  shall  be  re-examined,  and  in 
case  of  his  failure  upon  such  re-examiuatiou  he  shall  be  dropped  from 
the  service.     [See  v)  1447  and  act  Aug.  5,  ld82,  i^osf.] 

15  July,  1870,  8.  8,  v.  10,  p.  .333. 

Note — "  Shall  be  suspended  from  promotion  for  one  year,  with  corresponding 
loss  of  date,"  does  not  mean  that  the  loss  of  date  is  to  be  contehiporaneovs  with 
the  term  of  suspension,  but  only  that  it  shall  agree  therewith  in  point  of  dura- 
tion. When  an  officer  is  so  suspended,  the  loss  of  a  year  is  to  be  reckoned  from 
the  occui'rence  of  the  vacancy,  the  date  from  which  he  would  have  taken  rank 
had  he  been  qualitied;  and  the  year  of  suspension  from  the  approval  of  the 
President  of  the  fiuding  of  the  Examining  Boaid.s.  While  under  suspension  is 
ineligible  to  promotion,  and  no  vacancy  is  to  be  kept  open  for  him.  The  officers 
eligible  during  that  period  are  entitled  to  fill  the  vacancies.  The  loss  of  date 
being  one  year,  if  found  qualified,  on  a  second  examination,  to  till  a  vacancy  oc- 
curring after  the  period  of  suspension,  he  will  be  entitled,  on  promotion  thereto, 
to  take  rank  one  year  from  the  date  of  the  vacancy  which  he  would  have  origin- 
ally filled.  Will  not  be  entitled  to  the  pay  of  the  higher  grade  from  the  ranking 
date  in  his  commission.— Op.  XVI,  587,  Dec.  10, 1880.  Published  in  Gen.  Order  262. 

5  Aug.,  1882.         Whenever  on  an  inquiry  had  pursuant  to  law,  concerning  the  fitness 

J,  .. ~ — 7~  of  an  officer  of  the  Navy  for  promotion,  it  shall  appear  that  such  officer 

conduct^  ^'^'"^^  ^®  unfit  to  perform  at  sea  the  duties  of  the  place  to' which  it  is  proposed 
to  promote  him,  by  reason  of  drunkenness,  or  from  any  cause  arising 
from  his  own  misconduct,  and  having  been  informed  of  and  heard  upon 
the  charges  against  him,  he  shall  not  be  ijlacedon  the  retired-list  of  the 
Navy,  and  if  the  fiuding  of  the  board  be  approved  by  the  President,  he 
shall  be  discharged  with  not  more  than  one  year's  pay. 
5  Aug.,  1882,  P.  E.  L.,  p.  286. 
Note. — In  the  only  case  so  far  coming  under  this  act,  "  one  year's  pay  "  was 
held  by  the  accounting  officers  to  mean  one  years  "leave"  pay. 


PROMOTION  OR  ADVANCEMENT  IN  THE  NAVY.       77 

Sec.  1506.  Any  officer  of  the  Navy  may,  by  and  with  the  advice  and  Title  16,  Chap.  4. 
consent  of  the  Senate,  be  advanced,  not  exceeding  thirty  numbers  in  "advancement 
rank,  for  eminent  and  conspicuous  conduct  in  battle  or  extraordinary  in  num][,er. 
heroism;  and  the  rank  of  officers  shall  not  he  changed  except  in  accordance 
with  Vae  provisions  of  existing  law,  and  by  and  with  the  advice  and  consent  of 
the  Senate. 

21  April,  1864,  v.  s.  6,13,  p.  54.        24  Jan.,  1865  s.  1,  v.  13,  p.  424, 
17  June,  1878,  v.  20,  p.  143. 

Notes. — Congress  leaves  to  the  discretion  of  the  President  the  determination 
of  what  acts  of  heroism  should  be  recommended  to  the  Senate  for  reward,  and 
in  providing  that  the  Senate  must  advise  and  consent  to  the  advancement  has 
indicated  the  only  forum  which  may  inquire  into  the  wisdom  with  which  that 
discretion  has  been  exercised.  It  is  not  within  the  power  ot  a  Secretary  of  the 
Navy  to  inquire  into  the  acts  of  heroism  which  induced  his  predecessor  and  the 
President  to  make  an  advancement.  Their  action  is  conclusive  on  the  executive 
department  —Op.  April  23,  1881,  MacVeagh.  Stevenson's  case. 

By  advancement  under  section  150G  an  ensign  was  promoted  to  master  March 
3,  1879,  to  take  rank  from  November  27,  1877.  Not  having  been  "promoted  in 
course  to  fill  a  vacancy,"  not  entitled  to  the  pay  of  the  higher  grade,  under  sec- 
tion 1561  of  tlie  Revised  Statutes,  from  the  date  he  takes  rank,  but  from  the  date 
of  his  appointment. — Op.  March  29,  1882,  Brewster.    Young's  case. 

The  advancement  of  an  officer  under  section  1506,  when  the  advancement  is 
confined  to  the  same  grade  in  which  he  already  holds  a  commission,  confers  upon 
him  no  right  to  an  increase  of  compensation  over  that  which  he  is  in  receipt  of 
in  virtue  of  that  commission.— Op.  XIV,  547,  March  18,  1875.    Billing's  case. 

Sec.  1507.  Any  officer  who  is  nominated  to  a  higher  grade  by  the  pro-  Promotionwhen 
Ansions  of  the  preceding  section,  shall  be  promoted,  notwithstanding  S^ade  is  full, 
the  number  of  said  grade  may  be  full ;  but  no  further  promotions  shall 
take  place  in  that  grade,  except  for  like  cause,  until  the  number  is 
reduced  to  that  provided  by  law. 

24  Jan.,  1865,  s.  2,  v.  13,  p.  424. 

Sec.  1508.  Any  line  officer,  whether  of  volunteers  or  of  the  regular     Officers  receiv- 
Navy,  may  be  advanced  one  grade,  if,  upon  recommendation  of  theing  thanks  of 
President  by  name,  he  receives  the  thanks  of  Congress  for  highly  dis-  Congress, 
tinguished  conduct  in  contiict  with  the  enemy  or  for  extraordinary 
heroism  in  the  line  of  his  profession. 

16  July,  1862,  s.  9,  v.  12,  p.  584.        24  Jan.,  1865,  s.  2,  v.  13,  p.  424. 

25  July,  1866,  s.  1,  v.  14,  p.  222. 

Sec.  1509.  A  vote  of  thanks  by  Congress  to  any  officer  of  the  Navy    Effect  of  vote 
shall  be  held  to  affect  such  officer  only ;  and  whenever,  as  an  incident  of  thanks, 
thereof,  an  officer  who  would  otherwise  be  retired  is  retained  on  the 
active  list,  such  retention  shall  not  interfere  with  the  regular  promotion 
of  others  who  would  otherwise  have  been  entitled  by  law  to  promotion. 
1  July,  1870,  res.,  s.  1,  v.  16,  p.  384. 

Sec.  1510.  No  promotion  shall  be  made  to  fill  a  vacancy  occasioned  by     Vacanies  ocoa- 
the  final  retirement,  death,  resignation,  or  dismissal  of  an  officer  who  ^oned  by  ^ath, 
has  received  a  vote  of  thanks,  unless  the  number  of  officers  left  in  the  tanked.  ^    ^^^^ 
grade  Avhere  the  vacancy  occurs  shall  be  less  than  the  number  author- 
ized by  law. 

Idem. 

Sec.  1560.  The  pay  of  an  officer  of  the  Navy,  upon  his  original  entry  Title  IV,  Chap.  8. 

into  the  service,  except  where  he  is  required  to  give  an  official  bond,  ~ '. 

shall  commence  upon  the  date  of  his  acceptance  of  his  appointment;  ^j^^^^^^jfj^^^j 
but  where  he  is  required  to  give  such  bond  his  pay  shall  commence  upon  entry, 
"the  date  of  the  approval  of  his  bond  by  the  proper  authority. 
1 5  July,  1870,  s.  7,  v,  16,  p.  333, 

Sec.  1561.  When  an  officer  is  promoted  in  course  to  fill  a  vacancy,  and  Commencement 
is  in  the  performance  of  the  duties  of  the  higher  grade  from  the  date  of  pay  of  promot- 
he  is  to  take  rank,  he  may  be  allowed  the  increased  x)ay  from  such  date.  ^^  officers. 
[See  following  act  and  note.] 

15  July,  1870,  s.  7,  v,  16,  p.  333.         5  June,  1872,  s,  1,  v.  17,  p.  226. 

That  on  and  after  the  passage  of  this  act,  any  officer  of  the  Navy  who     22  June,  1874. 

may  be  promoted  in  course  to  fill  a  vacancy  in  the  next  higher  grade 

shall  be  entitled  to  the  pay  of  the  grade  to  which  promoted  from  the  Commencement 
date  he  takes  rank  therein,  if  it  be  subsequent  to  the  vacancy  he  is  ap-  tion^^  °^  promo- 
pointed  to. fill. 

22  June,  1874,  s.  1,  v.  18,  p.  91. 

Note. — Previous  to  the  act  of  July  15,  1870,  chapter  295,  the  increased  pay  of 
a  promoted  officer  commenced  from  the  date  of  the  signing  of  his  appointment 


78  RANK    AND    PRECEDENCE. 

to  perform  the  duties  of  the  higher  grade,  if  before  the  date  of  his  commission, 
or  from  the  date  of  his  commission  if  no  appointment  was  previously  given. 
The  seventh  section  of  that  act  provided  that  it  should  commence  from  the  date  of 
rank  as  stated  in  his  commission.  The  act  of  June  5,  1872,  substantially  section 
1561,  provided  that  the  promotion  must  have  been  in  course  to  fill  a  vacancy, 
and  the  officer  must  have  been  in  the  performance  of  the  duties  of  the  higher 
grade  from  the  date  he  takes  rank.  Under  the  act  of  June  22,  1874,  which  now 
regulates  it,  the  promotion  must  have  been  in  "course  to  fill  a  vacancy"  to  en- 
title an  officer  to  the  pay  of  the  higher  grade  from  the  date  he  takes  rank  therein, 
which  date  must  be  subsequent  to  the  vacancy  he  is  appointed  to  fill. 

Title  IV, Chap.  8.     Sec.  1562.  If  an  officer  of  a  class  subject  to  examination  before  pro- 

T T-p"  motion  shall  be  absent  on  duty,  and  by  reason  of  sucb  absence,  or  of 

laved*^^^^6xainina-  otter  cause  not  involving  fault  on  his  part,  shall  not  be  examined  at  the 
tions.  time  required  by  law  or  regulation,  and  shall  afterward  be  examined 

and  found  qualified,  the  increased  rate  of  pay  to  which  his  promotion 
would  entitle  him  shall  commence  from  the  date  when  he  would  have 
been  entitled  to  it  had  he  been  examined  and  found  q^ualified  at  the  time 
so  required  by  law  or  regulation  ;  and  this  rule  shall  apply  to  any  cases  of 
this  description  which  may  have  heretofore  occurred.  And  in  every  such 
case  the  period  of  service  of  the  party,  in  thjB  grade  to  which  he  was 
promoted,  shall,  in  reference  to  the  rate  of  his  pay,  be  considered  to 
have  commenced  from  the  date  when  he  was  so  entitled  to  take  rank. 
[See  ante,  July  22,  1874,  and  note,  and  ^  1495.] 
15  July,  1870,  8. 7,  v.  16,  p.  333. 


EANK  AND  PEEOEDE]>rCE. 

Sec.  ;  Sec. 

1367.  Rank  of  secretaries  to  Admiral  and  Yice-  :  1481.  Staff  officers  retired,  length  of  service. 

Admiral.  ;  1482.  Staff  officers  retired,  incident  to  service. 

1372.  Of  assistant  surgeons  delayed  in  examina-   I  1483.  Graduates  at  Xaval  Academy. 

tion.  I   1484.  Engineer  graduates. 

1466.  Relative  rank  of  K'avy  and  Army  officers.        !   1485.  Precedence  by  length  of  service. 

1467.  Rank  according  to  date.  I  1486.  Length  of  service,  how  estimated. 

1468.  Commanding  officers  of  vessels  and  stations,   i  1487.  Quarteis. 

1469.  Aid  or  executive  officer.  j   1488.  Military-  command. 

1470.  Staff  officers,  when  to  communicate  directly  I  1489.  Processions,  boards,  <fcc. 

with  commanding  officers.  i  1490.  Ensigns. 

1471.  Chiefs  of  Bureaus.  >  1491.  "Warrant  officers. 

1472.  Chiei  of  Bureau,  below  rank  of  commodore.      1492.  Officers  of  revenue  marine. 

1473.  Chief  of  Bureau,  retired.  1506.  Advanced  in  rank ;  rank  not  to  be  changed, 


1474.  Medical  Corps. 

1475.  Pay  Coi-ps. 

1476.  Engineer  Corps. 

1477.  Naval  construc^prs. 

1478.  Civil  engineers. 

1479.  Chaplains. 

1480.  Proiessors  of  mathematics  and  staff"  gen- 

erally. 


except,  &c. 
1521.  Cadet  midshipmen  promoted. 

1601.  Commandant  ^Marine  Corps. 

1602.  Staff  officers  Marine  Corjis. 

1603.  Marine  Corps  with  the  Army. 

Judge- Advocate-General  of  the  Navy. 


Title  15,  Chap.  1.      Sec.  1367.  The  Admiral  and  Vice-Admiral  shall  each  be  allowed  a  sec- 
Secretaries    to  ^etary,  who  shall  be  entitled  to  the  rank  and  allowances  of  a  lieutenant 
Admiral    and  in  the  Navy. 
Yice- Admiral.  21  Dec,  1864,  s.  2,  v.  13,  p.  420. 

36Mav,  1866,  v.l4,p.48. 

25  July,  1866,  s.  6,  v.  14,  p.  223. 

2  March,  1867,  s.  1,  v.  14,  p.  516. 

Rank  of  assist-  Sec.  1372.  When  any  assistant  surgeon  was  absent  from  the  United 
ant  surgeons  in  States,  on  duty,  at  the  time  when  others  of  his  date  were  examined, 
case  of  delayed  j^g  shall,  if  not  rejected  at  a  subsequent  examination,  be  entitled  to 
examma  ion.        ^-j^^  same  rank  with  them ;  and  if,  from  any  cause,  his  relative  rank 

cannot  be  assigned  to  him,  he  shall  retain  his  original  position  on  the 

register. 

3  March,  1835,  s.  1,  v.  4,  p.  757. 

Title  15,  Chap.  4.     Sec.  1466.  The  relative  rank  between  officers  of  the  Navy,  whether  on 
J,  ,    .  ^*^^  active  or  retired  list,  and  officers  of  the  Army,  shall  be  as  follows, 

of  If  a  V  y  a^n  d  lineal  rank  only  being  considered  : 
Army  officers.         The  Vice-Admiral  shall  rank  with  the  Lieutenant-General. 

Rear-admirals  with  major-generals. 

Commodores  with  brigadier-generals. 

Captains  with  colonels. 

Commanders  with  lieutenant-colonels. 

Lieutenant  commanders  with  majors. 


RANK   AND    PRECEDENCE.  79 

Lieutenants  with  captains. 

Masters  {lieutenants  of  the  junior  grade)  with  first  lieutenants. 

Ensigns  with  second  lieutenants. 

16  July,  1862,  9. 13,  v.  12,  p.  585.         21  Dec,  1864,  s.  1,  v.  13,  p.  420. 

25  Julv,  1866,  s.  1,  V.  14,  p.  222.  2  March,  1867,  8. 1,  v.  14,  p.  515. 

3  March,  1883,  P.  E.  L.,  p.  485. 

Sec.  1467.  Line  officers  shall  take  rank  in  each  grade  acieording  to  the  Rank  accord- 
dates  of  their  commissions.  ^^«  ***  *^***- 

16  July,  1862,  s.  l,v.  12,  p.  583. 
21  April,  1864,  s.  7,  v.  13,  p.  54. 
24  Jan.,  1865,  8. 1,  v.  13,  p.  424. 

Sec.  1468.  Commanding  officers  of  vessels  of  war  and  of  naval  sta-  Commanding 
tions  shall  take  precedence  over  all  officers  placed  under  their  com- ^^^^^^  g*^*^. J®|- 
mand. 

3  March,  1871,  s.l2,  v.  16,  p.  537. 

Sec.  1469.  The  Secretary  of  the  Navy  may,  in  his  discretion,  detail  a  ..^^J*'  execa- 
line  officer  to  act  as.the  aid  or  executive  of  the  commanding  officer  of  a  ^^®  °  ^^^' 
vessel  of  war  or  naval  station,  which  officer  shall,  when  not  impracti- 
cable, he  next  in  rank  to  said  commanding  officer.  Such  aid  or  execu- 
tive shall,  while  executing  the  orders  of  the  commanding  officer  on 
hoard  the  vessel  or  at  the  station,  take  precedence  over  all  officers 
attached  to  the  vessel  or  station.  AH  orders  of  such  aid  or  executive 
shall  be  regarded  as  proceeding  from  the  commanding  officer,  and  the 
aid  or  executive  shall  have  no  independent  authority  in  consequence  of 
such  detail. 

Idem. 

Sec.  1470.  Statf  officers,  senior  to  the  officers  so  detailed,  shall  have  Rights  of  staft 
the  right  to  communicate  directly  with  the  commanding  officer.  officers. 

Idem. 

Sec.  1471.  The  chiefs  of  the  Bureau  of  Medicine  and  Surgery,  Provis-    Chiefs  of  Bu- 
ions  and  Clothing,  Steam  Engineering,  and  Construction  and  Repair  '^®^^^- 
shall  have  the  relative  rank  of  commodore  while  holding  s^id  position, 
and  shall  have,  respectively,  the  title  of  Surgeon-General,  Paymaster- 
General,  Engineer-in  Chief,  and  Chief  Constructor.     [See  §  1481.] 
Idem. 

Sec.  1472.  When  the  office  of  chief  of  Bureau  is  filled  by  a  line  omcer  ^^^^^^^^^^^^ 
below  the  rank  of  commodore,  said  officer  shall  have  the  relative  rank  rank  of  c  o  m  - 
of  commodore  during  the  time  he  holds  said  office.  mander. 

Idem. 

Sec.  1473.  Officers  who  have  been  or  'who  shall  be  retired  from  the     Retired     from 
position  of  chiefs  of  the  Bureau  of  Medicine  and  Surgery,  of  Provisions  ^f  Tj^^ri^^^  *'^^®* 
and  Clothing,  of  Steam  Engineering,  or  of  Construction  and  Repair,  ^ 
by  reason  of  age  or  length  of  service,  shall  have  the  relative  rank  of 
commodore. 

Idem. 

Sec.  1474.  Officers  of  the  Medical  Corps  on  the  active  list  of  the  Navy    Medical  Corpa. 
shall  have  relative  rank  as  follows : 
Medical  directors,  the  relative  rank  of  captain. 
Medical  inspectors,  the  relative  rank  of  commander. 
Surgeons,  the  relative  rank  of  lieutenant-commander  or  lieutenant. 
Passed  assistant  surgeons,  the  relative  rank  of  lieutenant  or  master*. 
Assistant  surgeons,  the  relative  rank  of  master^  or  ensign. 
Idem,  s.  5,  p.  535. 

Sec.  1475.  Officers  of  the  Pay  Corps  on  the  active  list  of  the  Navy     ^^y  Corps. 
shall  have  relative  rank  as  follows : 

Pay  directors,  the  relative  rank  of  captain. 

Pay  inspectors,  the  relative  rank  of  commander. 

Paymasters,  the  relative  rank  of  lieutenant-commander  or  lieutenant. 

Passed  assistant  paymasters,  the  relative  rank  of  lieutenant  or  mas- 
ter.* 

Assistant  paymasters,  the  relative  rank  of  master*  or  ensign. 
Ibid.,  s.  6,  p.  536. 

Sec.  1476.  Officers  of  the  Engineer  Corps  on  the  active  list  shall  have  ,  E  n  g  i  n  e  e  r 
relative  rank  as  follows :  Corps. 

*  Lieutenant  of  the  funior  grade  (3  March,  1883). 


80 


RANK   AND    PRECEDENCE. 


Of  the  chief  engineers,  ten  shall  have  the  relative  rank  of  captain, 
fifteen  that  of  commander,  and  forty-five  that  of  lieutenant-commander 
,  or  lieutenant. 

Passed  assistant  engineers  shall  haA'^e  the  relative  rank  of  lieutenant 
or  master,  and  assistant  engineers  that  of  lieutenant  of  the  junior  grade 
or  ensign.     [See  1390,  Engineer  Corps.] 

Ibid.,  s.  7,  p.  536. 

24  Feb.,  1874,  v.  18,  p.  17. 

3  March,  1883,  P.  E.  L.,  p.  472. 

Naval  construe-     Sec.  1477.  Of  the  naval  constructors,  two  shall  have  the  relative  rank 
tor.  of  captain,  three  of  command^ir,  and  all  others  that  of  lieutenant-com- 

mander or  lieutenant.     Assistant  naval  constructors  shall  have  the  rela- 
tive rank  of  lieutenant  or  master. 

3  March,  1871,  s.  9,  v.  16,  p.  536. 

Civil  engineers.      Sec.  1478.  Civil  engineers  shall  have  such  relative  rank  as  the  Presi- 
dent may  fix. 

3  March,  1871,  s.  9,  v.  16,  p.  536. 

The  President  of  the  United  States  has  this  day,  under  the  provisions 
of  section  1478  of  the  Revised  Statutes,  conferred  relative  rank  on  Civil 
Engineers  of  the  Navy,  and  fixed  the  same  as  follows : 

One  with  the  relative  rank  of  captain. 

Two  with  the  relative  rank  of  coinmander. 

Three  with  the  relative  rank  of  lieutenant  commander. 

Four  with  the  relative  rank  of  lieutenant. 

Civil  engineers  will  take  precedence  in  their  corps,  and  with  other 
officers  with  whom  they  hold  relative  rank,  in  accordance  with  the  law 
regulating  precedence  of  officers  of  the  Navy. 
General  Order  263,  24  Feb.,  1881. 

Chaplains.  Sec.  1479.  Chaplains  shall  have  relative  rank  as  follows :  Four,  the 

relative  rank  of  captain  ;  seven,  that  of  commander ;  and  not  more  than 
seven,  that  of  lieutenant-commander  or  lieutenant. 
3  March,  1871,  s.  9,  v.  16,  p.  536. 

Sec.  1480.  Professors  of  mathematics  shall  have  relative  rank  as  fol- 
lows :  Three,  the  relative  rank  of  captain  ;  four,  that  of  commander ; 
and  five,  that  of  lieutenant-commander  or  lieutenant. 

The  grades  established  in  the  six  preceding  sections  for  the  staff 
corps  of  the  Navy  shall  be  filled  by  appointment  from  the  highest  mem- 
bers in  each  corps,  according  to  seniority ;  and  new  commissions  shall 
be  issued  to  the  officers  so  appointed,  in  which  the  titles  and  grades 
established  in  said  sections  shall  be  inserted  ;  and  no  existing  commis- 
sion shall  be  vacated  in  the  said  several  stafl:'  corps,  except  by  the  issue 
of  the  new  commissions  required  by  the  provisions  of  this  section ;  and  no 
officer  shall  be  reduced  in  rank  or  lose  seniority  in  his  own  corps  by  any 
change  which  may  be  required  under  the  provisions  of  the  said  six  pre- 
ceding sections  :  Provided,  That  the  issuing  of  a  new  appointment  and 
commission  to  any  officer  of  the  Pay  Corps  under  the  j^rovisions  of 
this  section  shall  not  affect  or  annul  any  existing  bond,  but  the  same 
shall  remain  in  force,  and  apply  to  such  new  apijointmeut  and  com- 
mission. 

31  May,  1872,  s.  1.  v.  17,  p.  192. 
27  Feb.,  1877,  v.  19,  p.  244. 

Note. — Section  1475  does  not  give  to  a  pay  inspector  in  the  Navy  the  grade 
of  commander.  It  confers  upon  him  the  rank  of  commander  by  relation  (only) 
to  the  rank  of  a  line  officer  of  that  grade.  The  designation  "  pay  inspector  " 
expresses  both  title  and  grade  in  the  Pay  Corps.  The  commission  of  an  officer 
as  "pay  inspector,"  ".with  the  relative  rank  of  commander,"'  gives  the  appro- 
priate title  and  grade  of  the  officer  named  therein,  and  fullv  satisfies  the  re- 
quirement of  section  1480.  R.  S.— Op.  XVI,  414,  Jan.  8, 1880,  Devens.  [For  a  defi- 
nition of  the  words  "title,"  "grade,"  and  "rank."  see  this  opinion  and  C.  C, 
XV,  151.  The  latter  defines  the  rank  of  staft'  officers  of  the  Navy  as  usually 
operative  only  in  determing  the  relation  of  the  difierent  officers  of  the  service  to 
each  other  in  matters  of  precedence,  privilege,  and  the  like,  and  is  generally 
called  relative  rank.  Grade  is  a  step  or  degree  in  either  office  or  rank,  and  has 
reference  to  the  divisions  of  the  one  or  the  other,  or  both,  according  to  the  con- 
nection in  which  the  word  is  employed.] 
When  retired  Sec  1481.  Officers  of  the  Medical,  Pay,  and  Engineer  Corps,  chaplains, 
for  age  or  length  professors  of  mathematics,  and  constructors,  who  shall  have  served 
"--^"^  faithfully  for  forty-five  years,  shall,  when  retired,  have  the  relative  rank 

of  commodore;  and  officers  of  these  several  corps  who  have  been  or 
shall  be  retired  at  the  age  of  sixty-two  years,  before  having  served  for 


Professors 
mathematics. 


of  service. 


RANK   AND    PRECEDENCE.  81 

Jforty -live  years,  but  who  shall  have  served  faithfully  until  retired,  shall, 
■on  the  completion  of  forty  years  from  their  entry  into  the  service,  have 
the  relative  rank  of  commodore. 

3  March,  1871,  s.  11,  v.  16,  p.  537. 

Sec.  1482.  Staff-officers,  who  have  been  or  shall  be  retired  for  causes     Retired    for 
-  iicident  to  the  service  before  arriving  at  sixty-two  years  of  age,  shall  pauses    incident 
have  the  same  rank  on  the  retired  list  as  pertained  to  their  position  on  **  s®'"^'*"®- 
the  active  list. 

Ibid. 

Sec.  1483.  Graduates  of  the  Naval  Academy  shall  take  rank  accord-  Graduates  o  f 
ang  to  their  proficiency  as  shown  by  their  order  of  merit  at  the  date  of  ^*'*'*1  Academy, 
graduation. 

23  May,  1872.  s.  1,  v.  17,  p.  153. 

Sec.  1484.  Engineer  officers  graduated  at  the  Naval  Academy  shall  Engineers 
take  precedence  with  all  other  officers  with  whom  they  have  relative  graduated  at 
a-ank,  according  to  the  actual  length  of  service  in  the'^Navy.  [See  \  ^*^^^  Academy. 
1394,  Engixeer  Corps.] 

3  March,  1873,  s.  1,  v.  17,  p.  555. 

Sec.  1485,  The  officers  of  the  staff  corps  of  the  Navy  shall  take  prece'     Precedence  by 
<lence  in  their  several  corps,  and  in  their  several  grades,  and  with  offi-^^^gt^ofsei-vice. 
cers  of  the  line  with  whom  they  hold  relative  rank  according  to  length 
t)f  service  in  the  Navy. 

3  March,  1871,  s.  10,  v.  16,  p*.  537. 

Sec.  1486.  In  estimating  the  length  of  service  for  such  purpose,  the    Length  of  serv- 
iseveral  officers  of  the  staff  corps  shall,  respectively,  take  precedence  in  ice,    how   esti- 
their  several  grades  and  with  those  officers  of  the  line  of  the  Navy  with  ™ated. 
whom  they  hold  relative  rank  who  have  been  in  the  naval  service  six 
years  longer  than  such  officers  of  said  staff  corps  have  been  in  said  serv- 
ice ;  and  officers  who  have  been  advanced  or  lost  numbers  on  the  Navy 
Register  shall  be  considered  as  having  gained  or  lost  length  of  service 
siocordingly :  Provided,   That  nothing  in  this  section  shall  he  so  construed 
<as  to  give  to  any  officer  of  the  staff  corps  precedence  of,  or  a  higher  relative 
rank  than  that  of,  another  staff  officer  in  the  same  grade  and  corps,  and  whose 
'Commission  in  such  grade  and  corps  antedates  thai  of  such  officer. 

3  March,  1871,  a.  10,  v.  16.  p.  537.         3  March,  1881,  v.  21,  p.  510. 
See  Op.  Feb.  25, 1881.     Gen.  Order  264. 

Sec.  1487.  No  staff  officer  shall,  in  virtue  of  his  relative  rank  or  pre-     Quarters. 
«codence,  have  any  additional  right  to  quarters. 
3  March,  1871,  s.  10,  v.  16,  p.  537. 

Sec.  1488.  The  relative  rank  given  by  the  provisions  of  this  chapter     Military    cou- 
to  officers  of  the  Medical,  Pay,  and  Engineer  Corps  shall  confer  no  an-  "land. 
thority  to  exercise  military  command. 

General  Orders,  31  Aug.,  1846,  and  27  May,  1847.       5  Aug.,  1854,  s.  4,  v.  10,  p.  587- 
3  March,  1859,  s.  2,  v.  11,  p.  407. 

Sec.  1489.  In  processions  on  shore,  or  courts-martial,  summary  courts,     Proces  s  i  o  n  s , 
•courts  of  inquiry,  boards  of  survey,  and  all  other  boards,  line  and  stall  boards,  &c. 
officers  shall  take  precedence  according  to  rank. 
3  March,  1871,  s.  12,  v.  16,  p.  537. 

Sec.  1490.  Ensigns  shall  be  steerage  officers,  unless  assigned  to  duty  Ensigns assteer- 
iiH  watch  and  division  officers.  ^ge  officers. 

15  July,  1870,  s.  10,  v.  16,  p.  334. 

Sec.  1491.  The  President  may,  if  he  shall  deem  it  conducive  to  the     Warrant     offi- 
interests  of  the  service,  give  assimilated  rank  to  boatswains,  gunners,  <^6rs. 
carpenters,  and  sail-makers,  as  follows :  After  five  years'  service,   to 
Tank  with  ensigns,  and  after  ten  years'  service,  to  rank  with  junior 
lieutenants. 

2  July,  1864,  s.  1,  v.  13,  p.  373.         3  March,  1883,  P.  E.  L.,  p.  472. 

Sec.  1492.  The  officers  of  the  revenue-cutter  service  when  serving,  in    Revenue-cutter 
accordance  with  law,  as  a  part  of  the  Navy,  shall  be  entitled  to  relative  officers    serving 
rank,  as  follows  :  Captains,  with  and  next  after  lieutenants  command-  ^r  ^P^*"*  **^  ^^^ 
ing  in  the  Navy ;  first  lieutenants,  with  and  next  after  lieutenants  iu     *^^" 
:the  Navy;  second  lieutenants,  with  and  next  after  jtuiior  lieutenants 
11181 6 


82 


RATIONS. 


in  the  Navy; 
Navy. 


OfS c e r 8    ad 
vanced  in  rank. 


third  lieutenants,  with  and  next  after  ensigns  in  the- 

2  Feb.,  1863,  s.  4,  v.  12,  p.  640. 

2  March,  1799,  s.  98,  v.  1,  p.. 699. 

16  July,  1862,  ss.  1,  11,  v.  12,  pp.  583-585. 

3  March,  1883,  P.  E.  L.,  p  472. 

Sec.  1506.  Any  officer  of  the  Navy  may,  by  and  with  the  advice  and 

consent  of  the  Senate,  be  advanced,  not  exceeding  thirty  numbers  in 

rank,  for  eminent  and  conspicaons  conduct  ii*  battle  or  extraordinary" 

Rank  not  to  he  heroism  ;  and  the  rank  of  officeis  shall  not  he  changed  except  in  accordance 

changed,  except,  icith  tJie  provisions  of  existing  law,  and  by  and  with  the  advice  and  consent  of 

^^-  the  Senate.     [See  1508,  Pkomotiox.] 

21  April,  1864,  s.  6,  v.  13,  p.  54. 
24  Jan.,  1865,  8.  1.  v.  13,  p.  424. 

17  June,  1878,  v.  20,  p.  143. 

Title  15,  Chap.  5.      Sec.  15'/il.  When  cadet  midshipmen  shall  have  passed  successfully  the 

_  __ ^ graduating  examination  at  the  Academy,  they  shall  receive  appoint- 

Prouiotion    to  mg^^g  ^g  midshipmen  and  shall  take  rank  according  to  their  proficiency 


mid  8  li 
rank. 


pmen 


ritlel5,Vhap.9. 


as  shown  by  the  order  of  their  merit  at  date  of  graduation. 

Note.— Section  1521  is  changed  by  the  acts  of  Aug.  5, 1882,  and  March  3,  1883. 
Cadet  mid.shipmen  are  now  styk-d  naval  cadets  until  they  complete  the  six 
years  course,  and,  under  certain  contingencies,  are  mustered  out  or  aj^pointed. 
to  other  places.  There  are  no  midshipmen  or  cadet  midshipmen.  SeeXAVAL 
Academy. 

15  July,  1870,  s.  12,  v.  16,  p.  334. 
Sec.  1601.  The  commandant  of  the  Marine  Corps  shall  have  the  rank 
Rank  of  com-  and  pay  of  a  colonel  in  the  Army,  and  shall  be  appointed  by  selection  by  the 
uiandant  Marine  President  from  the  officers  of  said  corps. 
^•^•■P^-  2  March,  1867,  s.  7,  v.  14,  p.  517. 

6  June,  1874,  v.  18,  p.  58. 
Staff  rank,  Ma-      Sec.  1602.  Tlie  adjutant  and  inspector,  the  paymaster,  and  the  quar- 
rine  Corps.  termaster  shall  have  the  rank  of  major;  each   assistant  quartermastei 

shall  have  the  rank  of  captain. 

2  March,  1847,  s.  3,  v.  9,  p.  154. 
27  Feb.,  1877,  v.  19,  p.  244. 

Kel  itive  rank  of     Sec.  1603.  The  officers  of  the  Marine  Corps  shall  be,  in  relation  tO' 
Marine    Corps  rank,  on  the  same  footing  as  officers  of  similar  grades  in  the  Armv. 
>vith  the  Ai-my.  3^  j^^  ^^3^^  ^  ^^  ^  ^^  p  ^^3 

8  June,  1880.         That  the  President  of  the  United  States  be,  and  he  is  hereby,  au- 

'- thorized  to  appoint,  for  the  term  of  four  years,  by  and  with  the  advice^ 

Rank  of  Judge-  g^^^j  consent  of  the  Senate,  from  the  off  cers  of  the  Navy  or  the  Marine^ 
Advocate-Lrener-  ^^^.^^^  ^  Judge-Advocate-General  of  the  Navy,  with  the  rank  pay,  and. 
allowances  of  a  captain  in  the  Navy  or  a  colonel  in  the  Marine  Corps,, 
as  the  case  may  be.     *     *     * 

8  March,  1880,  v.  21,  p.  164. 


RATIONS. 


Sec. 

1143.  Detachments  with  the  Anny. 
1.577.  Rations  to  naval  cadet. 
1578.  Rations  of  other  officers. 

When  rations  not  allowed. 

Xavy  ration,  constituents  of. 

Substitutions  in. 

Short  allowance. 
1  83.  Rations  stopped  for  the  sick. 
1584.  Additional  ration. 


1579. 
1580. 
IpSl. 
lo82. 


Sec. 

1585.  Commutation  price  of  ration. 

1595.  None  to  retired  officers. 

1615.  To  enlisted  marines. 

3721.  Purchases  of  butter  and  cheese. 

3726.  Preserved  moats.  1-* 

3727.  Flour  and  bread.  30IIIW -"■■ga 

4812.  Allowance  to  Navy  hospitals. 
Desiccated  tomatoes. 


Title  14,  Chap.l.  Sec.  1143.  The  officers  of  the  subsistence  department  shall,  upon  the 
X  val  detach  requisition  of  the  naval  or  marine  officer  commanding  any  detachment 
ments^co-operat-  of  seamen /Or  marines  under  orders  to  act  on  shore,  in  co-operation  with 
ing  with  the  the  land  troops,  and  during  the  time  such  detachment  is  so  acting  or 
Army.  proceeding  to  act,  furnish  rations  to  the  officers,  seamen,  and  marines 

of  the  same. 

15  Dec,  1814,  s.  1,  v.  3,  p.  151. 

Title  15,  Chap,  s.     Sec.  1577.  Midshipmen  and  Naval  cadets  in  the  Navy  shall  be  entitled. 

zr~.        :    ~~^  to  one  ration,  or  to  commutation  therefor. 
Rations  to  na-  ' 

val  cadets.  28  July,  1866,  s.  8,  v.  14,  p.  322. 

28  Feb.,  1867,  s.  2,  v.  14,  p.  416. 

5  Aug.^  1882,  P.  E.  L.,  p.  285. 


RATIONS.  83 

Sec.  1578.  All  officers  shall  be  entitled  to  one  ration,  or  to  couinmta-    Rations  of  other 
t  ion  therefor,  while  at  sea  or  attached  to  a  sea-going  vessel.  officers. 

16  Jnly,  1862.  s.  19,  v.  12.  p.  587.        3  March,  1851,  s.  1,  v.  9,  p.  631. 
Op.  X;  52,  July  10,1861. 

Sec.  1579.  No  person  not  actually  attached  to  and  doing  duty  on     Y\i^   rations 
board  a  sea-going  vessel,  except  the  petty  officers,  seamen,  and  ordinary  ^^^  allowed, 
seamen  attached  to  receiving-ships  or  to  the  ordinary  of  a  navy-yard, 
and  enffhjnsof  the  junior  grade  and  naval  cadets,  shall  be  allowed  a  ration. 

3  March,  18.51,  s.  1.  v.  9,p.  621.  5  Aug.,  1882,  P.  E,  L.,  p.  285. 

28  Feb.,  1867.  s.  2,  v.  14,  p.  416,         3  Marcli,  1883,  P.  E.  L.,  p.  472. 

28  July,  1866,  s.  8,  v.  14,  p.  322. 

Sec.  1580.  The  Navy  ration  shall  consist  of  the  following  daily  allow-     ^^.yy  ration^ 
auce  of  provisions  to  each  person:  One  pound  of  salt  pork,  with  half  a  ^"''"'"*^"^*  "^ 
pint  of  beans  or  pease;  or  one  pound  of  salt  beef,  with  half  a  pound  of 
tlour  and  two  ounces  of  dried  apples,  or  other  dried  fruit;    or  three- 
({uarters  of  a  pound  of  preserved  meat,  Avith  a  half  pound  of  rice,  two 
ounces  of  butter,  and  one  ounce  of  desiccated  "mixed  vegetables;"  or  ^ 

three-quarters  of  a  pound  of  preserved  meat,  two  ounces  of  butter,  and 
two  ounces  of  desiccated  potatoes;  together  with  fourteen  ounces  of 
biscuit,  one-quarter  of  an  ounce  of  tea,  or  one  ounce  of  coffee  or  cocoa, 
and  two  ounces  of  sugar;  and  a  weekly  allowance  of  half  a  pint  of 
pickles,  half  a  pint  of  molasses,  and  half  a  pint  of  vinegar.  [See  May 
3,  1880,  post.  ] 

18  July,  1861,  s.  1,  V.  12,  p.  264.        14  July,  1862,  s.  4,  v.  12,  p.  565. 

Sec.  1581.  The  following  substitution  forthe  components  of  the  ration  .  Substitutions 
may  be  made  when  it  is  deemed  necessary  by  the  senior  officer  present  '^' 
in  command:  For  one  pound  of  salt  beef  or  pork,  one  pound  and  a 
(juarter  of  fresh  meat  or  three-quarters  of  a  pound  of  preserved  meat; 
for  any  or  all  of  the  articles  usually  issued  with  the  salted  meats,  vege- 
tables equal  to  the  same  in  value;  for  fourteen  ounces  of  biscuit,  one 
pound  of  soft  bread,  or  one  pound  of  flour,  or  half  a  pound  of  rice;  for 
lialf  a  pint  of  beans  or  pease,  half  a  pound  of  rice,  and  for  half  a  pound 
of  ric(i,  half  a  pint  of  beans  or  pease.  And  the  Secretary  of  the  Navy 
may  substitute  for  the  ration  of  coffee  and  sugar  the  extract  of  coffee 
combined  with  milk  and  sugar,  if  he  shall  believe  such  substitution  to 
be  conducive  to  the  health  and  comfort  of  the  Navy,  and  not  to  be 
more  expensive  to  the  Government  than  the  present  ration  :  Provided, 
That  the  same  shall  be  acceptable  to  the  men.  [See  j?osi,  May  3,  1880.] 
18  July,  1861,  88.  2,  3,  4,  v.  12,  p.  265.     17  April,  1862,  s.  4,  v.  12,  p.  381. 

Sec.  1582.  In  case  of  necessity  the  daily  allowance  of  provisions  may  gj^  ^  .  ,," 
be  diminished  at  thediscretionof  the  senior  officer  present  in  command;  anceV^^  a  ow- 
but  payment  shall  be  made  to  the  persons  whose  allowance  is  thus  di- 
minished, according  to  the  scale  of  prices  for  the  same  established  at 
the  time  of  such  diminution.  And  every  commander  who  makes  any 
diminution  or  variation  shall  give  to  the  paymaster  written  orders 
therefor,  specifying  particularly  the  diminution  or  variation  which  is  to 
be  made,  and  shall  report  to  his  commanding  officer,  or  to  the  Navy 
Department,  the  necessity  for  the  same. 

18  July,  1861,  s.  4,  v.  12,  p.  265. 

Sec.  1583.  Rations  stopped  for  the  sick  on  board  vessels  shall  remain   Rations  stopped 
and  be  accounted  for  by  the  paymaster  as  a  part  of  the  provisions  of  for  the  sick, 
the  vessels. 

3  March,  1851,  s.  1,  v.  9,  p.  621.        22  June,  1860,  s.  3,  v.  12,  p.  83. 

Sec.  1584.  An  additional  ration  of  tea  or  coffee  and  sugar  shall  be  Additional  ra- 
hereafter  allowed  to  each  seaman,  to  be  provided  at  his  first  "  turning  tlon. 

out." 

23  May,  1872,  s.  1,  v.  17,  p.  151. 

Sec.  1585.  Thirty  cents  shall  in  all  cases  be  deemed  the  commutation  Commutation 
price  of  the  Navy  ration.  price  otiatiou. 

15  July,  1870,  8.  4,  v.  16,  p.  333. 

Sec.  1595.  Rations  shall  not  be  allowed  to  officers  on  the  retired  list.     Ketiied    orti- 

16  July,  1862,  s.  20,  v.  12,  p.  587.  •^®''*- 

Sec.  1615.  The  non-commissioned  officers,  privates,  and  musicians  of  Title  15,  Chap.  9. 
the  Marine  Corps  shall,  each,  be  entitled  to  receive  one  Navy  ration  Kations  to  en 
<ijiily.  listed    men,  Ma- 

I  July.  1797,  .s.  6,  V.  1,  p.  524.         '  riue  Corps. 

II  July,  1798,  s.  2,  v.  1,  p.  595. 


84  RETIREMENT. 

Title  43.  Sec.  3721.  The  provisions  which  require  that  supplies  shall  be  pur- 

ruicliaseswitlT  ^^^''*^*^  by  the  Secretary  of  the  Navy  from  the  lowest  bidder,  after  ad- 
out  ad  V  e  it  i  s  c^  vertisement,  shall  not  apply  to  *  *  *'  the  supplies  which  it  may  be 
ments.  necessary  to  purchase  out  of  the  United  States  for  vessels  on  foreign 

stations,     *     *     *     or  butter    *     *     destined  for  the  use  of  the  Navy. 
Butter  *     *     *     Contracts  for  butter     *     *     for  the  use  of  the  Navy  may  be 

made  for  periods  longer  than  one  year,  if,  in  the  opinion  of  the  Secre- 
tary of  the  Navy,  economy  and  the  quality  of  the  ration  will  be  pro- 
muted  thereby.     *     *     *' 

3  March.  1845,  s.  3,  v.  5,  p.  794.        3  March,  1847,  a.  2,  v.  9,  p.  172. 
3  Aug.,  1848,  8. 11,  V.  9,  p.  272.         2  March,  1865,  s.  7,  v.  13,  p.  467. 

r reserved     Sec.  3726.  The  Secretary  of  the  Navy  is  authorized  to  procure  the 
meats.  &c.  preserved  meats,  pickles,  butter,  and  desiccated  vegetables,  in  such  man- 

ner and  under  such  restrictions  and  guarantees  as  in  his  opinion  will 
best  insure  the  good  quality  of  said  articles. 
18  July,  1861,  s.  7,  v.  12,  p.  265. 

Flour    and     ^^^-  ^727.  The  Secretary  of  the  Navy  is  authorized  to  purchase,  in 
bread.  such  manner  as  he  shall  deem  most  advantageous  to  the  Government, 

the  flour  required  for  naval  use ;  and  to  have  the  bread  for  the  Navy 
baked  from  this  flour  by  special  contract  under  naval  inspection, 
3  March,  1863,  s.  4,  v.  12,  p.  818. 

Title,  59,  Chap.  1.      Sec.  4812.  For  every  Navy "ofl&cer,  seaman,  or  marine  admitted  into  a 

-' Navy  hospital,  the  institution  shall  be  allowed  one  ration  per  day  during 

ratioDs^to^'xavv  ^^®  continuance  therein,  to  be  deducted  from  the  account  of  the  United 
hospitals.   ^         States  with  such  oflicer,  seaman,  or  marine. 

26  Feb.,  1811,  s.  4,  v.  2,  p.  650. 

May  3, 1^80.  The  Secretary  of  the  Navy  may  substitute  for  the  ration  of  ''two 

-  jy  . —  ,  .  ounces  of  desiccated  potatoes"  six  ounces  of  desiccated  tomatoes  if  he 
matoe^s^as  a  sub-  shall  believe  such  substitution  to  be  conducive  to  the  health  and  com- 
.stitute,  fort  of  the  Navy,  and  not  to  be  more  expensive  to  the  Government  than 

the  present  ration,  provided  the  same  shall  be  acceptable  to  the  men. 
In  the  event  the  Secretary  of  the  Navy  orders  such  substitution  he  is 
authorized  to  have  sold  at  public  auction  apy  desiccated  potatoes  on 
hand,  the  proceeds  of  which  sale  shall  be  used  in  the  purchase  of  desic- 
cated tomatoes  for  the  use  of  the  Navy. 
3  May,  1880,  v.  21,  p.  86. 

EETIREMENT. 

Sec.  i  S®^- 

1443.  After  forty  years'  service.  1459.  Withdrawn  from  ooramaud. 

1444.  After  sixty-two  years  of  age,  or  forty-five  '  Act  Aug.  5, 1882,  prohibiting  promotion. 

yeai's  of  service.  j  1462.  Active  duty. 

1445.  Officers  of  certain  ranks  to  be  retired  only  !  1463.  Assigned  to  command  of   squadrons  and 
mif        for  disability.  I  ^  ships. 
]  446.  Officers  who  have  received  a  vote  of  thanks,  j  1464.  Commanders  of  squadrons,  from  what  grades 


1447.  Officers  rejected  for  promotion. 
Officers  rejected  for  misconduct. 

1448.  Retiring-board. 

1 449.  Powers  and  duties  of. 

1450.  Oath  of  members. 

1451.  Findings. 

1452.  Revisiou  by  the  President. 

1453.  Disability  by  an  incident  of  the  service. 

1454.  Disability  by  other  causes. 

1455.  Not  to  be  retired  without  a  hearing. 

1456.  Not  to  be  retired  for  misconduct. 

1457.  Privileges  and  liabilities. 

1458.  Vacancies  by  retirement. 


selected. 

1465.  When  restored  to  active  list. 
1473.  Retired  Chiefs  of  Bureaus. 

1481 .  When  retired  for  age  or  length  of  service. 

1482.  Retired  for  causes  incident  to  service  staflF. 

1588.  Pay. 

1589.  Pay  of  certain  rear-admirals. 

1590.  Pay  of  third  assistant  engineers. 

1591.  Pay  not  increased  by  promotion. 

1592.  Pay  on  active  duty. 

1593.  Pay  of  officers  retired  on  furlough. 

1594.  Transfer  from  furlough  to  retired  pay. 

1595.  Not  entitled  to  rations. 


Title  l5,  Chap.  3.     Sec.  1443.  When  any  officer  of  the  Navy  has  been  forty  years  in  the 

-~rz — Z. ,  service  of  the  United  States  he  may  be  retired  from  active  service  by 

se^ice!      ^^^^^  ^^^  President  upon  his  own  application. 

3  Aug.,  1861,  3.  21,  V.  12,  p.  290. 

After  62  years  Sec.  1444.  When  anj^  officer  below  the  rank  of  Vice- Admiral  is  sixty- 
of  age  or  4  5  two  years  old,  he  shall,  except  in  the  case  provided  in  the  next  section, 
years'  service.      \yQ  retired  by  the  President  from  active  service. 

21  Dec,  1861,  s.  1,  v.  12,  p.  329. 
25  June,  1864,  s.  1,  v.  13,  p.  183. 
21  Dec,  1864.  s.  3,  v.  13,  p.  420, 
16  July,  1862,  s.  8,  v.  12,  p.  584, 
3  March,  1873,  v.  17,  p.  556. 


RETIREMENT.  85 

Sec.  1445.  The  two  preceding  sections  shall  not  apply  to  any  lieuten-     Officera  of  cer- 
ant-coramander,  lieutenant,  lieutenant  of  the  junior  grade,  ensign,  passed  J^J^j.^^^^^^^  ^^ 
assistant  snrgeon,  passed  assistant  paymaster,  passed  assistant  engineer,  disability, 
assistant  surgeon,  assistant  paymaster,  or  assistant  engineer;  and  such 
ofllicers  shall  not  be  placed  upon  the  retired  list,  except  on  accQunt  of 
physical  or  mental  disability. 

15  July,  1870. 8.  6,  v.  16,  p.  333.         2^  Feb.,  1874,  v.  18,  p.  17. 
3  March,  1883,  P.  E.  L.,  p:  472. 

Sec.  1446.  Officers  on  the  active  list,  not  below  the  grade  of  com-  Officer?  w  h  o 
niander,  who  have,  upon  the  recommendation  of  the  President,  received  vote  ofttutuks  ^ 
by  name,  during  the  war  for  the  suppression  of  the  rebellion,  a  vote  of  '    ,  ' 

thanks  of  Congress  for  distinguished  service,  shall  not  be  retired,  ex-  *>iv^^7^/^ 

cppt  for  cause,  until  they  have  been  fifty-five  years  in  the  service  of  the  ^^"^  0 

United  States. 

16  July,  1862,  s.  8,  v.  12,  p.  584. 

Sec.  1447.  When  the  case  of  any  officer  has  been  acted  upon  by  a   Officers  rejected 
board  of  naval  surgeons  and  an  examining  board  for  promotion,  as  pro- *"^  promotion, 
vided  in  Chapter  Four  of  this  Title,  and  he  shall  not  have  been  recom- 
m«inded  for  promotion  by  both  of  the  said  boards,  he  shall  be  placed 
upon  the  retired  list.     [See  §  14.^>f,  and  act  of  Aug.  5,  1882.] 
%l  April  1864,  s.  4,  v.  13,  p.  53. 

Whenever  on  an  inquiry  had  pursuant  to  law,  concerning  the  fitness     5  Aug.  1882. 
of  an  officer  of  the  Navy  for  promotion,  it  shall  appear  that  such  officer    „  ,        ,  ^    ~ 
is  uiifit  to  perform  at  scathe  duties  of  the  place  to  which  it  is  proposed  ^^j.^^  f^j.  migcon- 
to  promote  him,  by  reason  of  drunkenness,  or  from  any  cause  arising  duct, 
from  his  own  misconduct,  and  having  been  informed  of  and  heard  upon 
the  charges  against  him,  he  shall  not  be  placed  on  the  retired-list  of  the 
Navy,  and  if  the  finding  of  the  board  be  approved  by  the  President,  he 
shall  be  discharged  with  not  more  than  one  year's  pay.     [See  $  1456.] 
5  Aug.,  1882,  p.  E.  L.,  p.  286. 

Sec.  1448.  Whenever  any  officer,  on  being  ordered  to  perform  the  Title  15,  Cbap.  .3. 

duties  appropriate  to  his  commission,  reports  himself  unable  to  comi)ly : — - — — 

with  such  order,  or  whenever,  in  the  judgment  of  the  President,  an  R^^^irmg  board, 
officer  is  incapacited  to -perform  the  duties  of  his  office,  the  President, 
at  his  discretion,  may  direct  the  Secretary  of  the  Navy  to  refer  the  case 
of  such  officer  to  a  board  of  not  more  than  nine  nor  less  than  five  com- 
missioned officers,  two-fifths  of  whom  shall  be  members  of  the  Medical 
Corps  of  the  Navy.  Said  board,  except  the  officers  taken  from  the 
Medical  Corps,  shall  be  composed,  as  far  as  maybe,  of  seniors  in  rank 
to  the  officer  whose  disability  is  inquired  of. 
3  Aug.,  1861,  s.  23,  V.  12,  p.  291. 

Sec.  1449.  Said  retiring-board  shall  be  authorized  to  inquire  into  and     Powers  and  du - 
determine  the  facts  touching  the  nature  and  occasion  of  the  disability  ties  of. 
of  any  such  officer,  and  shall  have  such  powers  of  a  court-martial  and 
of  a  court  of  inquiry  as  may  be  necessary. 
3  Aug.,  1861,  s.  17,  V.  12,  p.  290.' 

Sec.  1450.  The  members  of  said  board  shall  be  sworn  in  each  case  to     Oath  of  mem- 
discharge  their  duties  honestly  and  impartially.  ^'^*" 

3  Aug.,  1861,  s.  23,  v.  12,  p.  291. 

Sec.  1451.  When  said  retiring-board  finds  an  officer  incapacitated  for     Finding.s. 
active  service,  it  shall  also  find  and  report  the  cause  which,  in  its  judg- 
ment, produced  his  incapacity,  and  whether  such  cause  is  an  incident  of 
the  service. 

Idem. 

Sec.  1452.  A  record  of  the  proceedings  and  decision  of  the  board  in    Revision  by  the 
each  case  shall  be  transmitted  to  the  Secretary  of  the  Navy,  and  shall  be  President, 
laid  by  himbefore  the  President  forhis  approval  or  disapproval,  or  orders 
ill  the  case. 

Idem. 
XOTKS. — No  power  of  review  over  the  proceedings  of  a  retiring  board  exists 
by  law  wliere  its  finding  has  been  once  approved  by  the  President  and  his 
"orders  in  the  case"  executed. — Op.  XV,  p.  446.    Devens,  Feb.  8,  1878.    Rod- 
ney's case. 

Where  a  naval  retiring  board,  convened  to  inquire  into  the  nature  and  cause 
of  the  disability  of  an  officer,  has  once  finished  its  work,  rendered  a  complete 
.judgment  in  the  case,  and  adjourned,  a  subsequent  reconsideration  of  its  judgment 
by  the  board,  unless  authorized  or  directed  bv  proper  authority,  can  have  no 
leL^il  effect.— Op.  X  VI.  p.  104.     Devens.  July  25,^1878.    Rodney's  ca.se. 


86  RETIREMENT. 

Disiibility    by     Sec.  1453.  When  a  retiring-board  tiuds  that  an  officer  is  incapacitated 
service       '^^        ^^^  active  service,  and  that  his  incapacity  is  the  result  of  an  incident  of 
the  service,  such  officer  shall,  if  said  decision  is  approved  by  the  Presi- 
dent, be  retired  from  active  service  with  retired  pay,  as  allowed  by  Chap- 
ter Eight  of  this  Title. 

3  Aug.,  1861,  8.  23,  V.  12,  p.  291. 
Disability    by     Sec.  1454.  When  said  board  finds  that  an  officer  is  incapacitated  for 
other  causes.        active  service  and  that  his  incapacity  is  not  the  result  of  any  incident 
'  of  the  service,  such  officer  shall,  if  "said  decision  is  approved  by  the 

President,  be  retired  from  active  service  on  furlough-pay,  or  wholly 
retired  from  service  with  one  year's  pay,  as  the  President  may  deter- 
mine.    [See  Aug.  5, 1882,  ante.] 
Idem. 

tiS*  wibhmit't     ^*^^'  ^^'^^'  ^^  officer  of  the  Navy  shall  be  retired  from  active  service, 
hearing.  ^r  wholly  retired  from  the  service,  without  a  full  and  fair  hearing  before 

such  Navy  retiring-board,  if  he  shall  demand  it,  except  in  cases  where 
be  may  be  retired  by  the  President  at  his  own  request,  or  on  account  of 
age  or  length  of  service,  or  on  account  of  his  failure  to  be  recommended 
by  an  examining  boardfor  promotion. 
Idem. 
Not  to  he  re-      Sec.  1456,  No  officer  of  the  Navy  shall  be  placed  on  the  retired  list  be- 
duct        *"^**'*'*^"  cause  of  misconduct ;  but  he  shall  be  brought  to  trial  by  court-martial 
for  such  misconduct.     [See  $  1447  and  act  Aug.  5,  1882.*] 

15  July,  1870,  8. 6,  v.  16,  p.  333. 

Privileges  and      Sec.  1457.  Officers  retired  from  active  service  shall  be  placed  on  the 
liabilities.  retired  list  of  officers  of  the  grades  to  which  they  belonged  respectively 

at  the  time  of  their  retirement,  and  continue  to  be  borne  on  the  Navy 
Register.  They  shall  be  entitled  to  wear  the  uniform  of  their  respective 
grades,  and  shall  be  subject  to  the  rules  and  articles  for  the  government 
of  the  Navy  and  to  trial  by  general  court-martial.  The  names  of  offi- 
cers wholly  retired  from  the  service  shall  be  omitted  from  the  Navy 
Register.* 

3  Aug.,  1861,  88.  22,  23,  24,  v.  12,  pp.  290,  291. 

16  Jan.,  1857,  s.  4,  v.  11,  p.  154. 

NOTK. — The  appointment  ot  a  line  ofticer  of  the  Xary  to  be  the  chief  of  a  bureau 
is  an  investiture  of  him  with  an  additional  office.  While  holding  that  office  he 
has  the  relative  rank  of  commodore,  but  remains  in  his  lineal  position  in  the 
Navy.  The  grade  to  which  he  belongs  for  the  purposes  of  section  1457  is  that 
which  he  holds  in  the  Navy,  and  not  that  of  the  relative  rank  incidental  to  his 
temporary  occupation  of  another  and  distinct  office. — Op.  — ,  July  8,  1881,  Mac- 
Veigh.     Whiting's  case.     See  also  Op.  X,  p.  378. 

Vacancies  b  y      §£(.,  1453,  The  next  officer  in  rank  shall  be  promoted  to  the  place  of  a 
retiremen  .  retired  officer,  according  to  the  established  rules  of  the  service  ;  and  the 

same  rule  of  promotion  shall  be  applied  successively  to  the  vacancies 
consequent  upon  the  retirement  of  an  officer.  [Act  of  Aug.  5,  1882,  es- 
tablishes a  ditferent  rule  as  to  lixe  officers.     See  under  that  head.  ] 

3  Aug.,  1861,  8.  22,  V.  12,  p.  291.         21  Dec,  1861,  s.  6,  v.  12.  p.  330. 
Withdrawn      Sec.  1459.  Officers  on  the  retired  list  shall  be  withdrawn  from  com- 
irom  command,    mand,  except  in  the  case  provided  in  sections  fourteen  hundred  and 
sixty-three  and  fourteen  hundred  and  sixty-four,  and  from  the  line  of 
promotion  on  the  active  list.     [See  Aug.  5,  1882,  posf] 

3  Aug.,  1861,  s.  22,  v.  12,  p.  290.         21  Dec,  1861,  ss.  3,  4,  v.  12,  p.  329. 

[Sections  1460  and  1461,  from  the  acts  of  16  July,  1862,  s.  14,  v.  12,  p.  585 :  15 
Aug.,  1876,  V.  19,  p.  204;  25  July,  1866,  s.  1,  v.  14,  p.  222;  16  Jan.,  1857,  s.  4  and 
11,  p.  154;  30  Jan.,  1875,  v.  18,  p.  304,  and  2  March,  1867,  s.  9,  v.  14,  p.  517,  con- 
tained provisions  for  the  promotion  of  officers  on  the  retired  list,  under  certain 
conditions.  They  were  repealed  or  annulled  by  the  act  of  Aug.  5,  1882,  page 
88,  post,  forbidding  such  promotion.] 

Active  duty.         Sec.  1462.  No  officer  on  the  retired  list  of  the  Navy  shall  be  employed 
on  active  duty  except  in  time  of  war. 
3  March,  1873,  v.  17,  p.  547. 
Assigned  to      Sec.  1463.  In  time  of  war  the  President,  by  and  with  the  advice  and 
command     o  f  consent  of  the  Senate,  may  detail  officers  on  the  retired  list  for  the  com- 
squadrons    and  mand  of  squadrons  and  single  ships,  when  he  believes  that  the  good  of 
^^*'  the  service  requires  that  they  shall  be  so  placed  in  command. 

21  Dec,  1861,  s.  3,  v.  12,  p.  829.         8  March,  1873,  s.  1,  v.  17,  p.  547. 

*An  act  of  January  30,  1875,  v.  18,  p.  304,  provided  for  difference  of  pay  for  certain 
officers  dropped,  retired,  &c,  under  the  act  of  February  28,  1855. 


RETIREMENT.  87 

•Sec.  1464.  In  making  said  details  the  President  may  select  any  ofiQcer     Commandeiaot 
aiot  below  the  grade  of  commander  and  assign  him  to'the  command  of  a  ^^  grades' T" 
;-sqnadron,  with  the  rank  and  title  of  *'flag-ofticer ;"  and  any  oflBcer  soigg^^/^ 
assigned  shall  have  the  same  authority  and  receive  the  same  obedience 
from  the  commanders  of  ships  in  his  squadron  holding  commissions  of 
An  older  date  than  his  that  he  would  be  entitled  to  receive  if  his  com- 
imission  were  the  oldest, 

21  Dec,  1861,  s.  4,  v.  12,  p.  329. 

Sec.  1465.  Retired  officers  so  detailed  for  the  command  of  squadrons     When  restored 
and  single  ships  may  be  restored  to  the  active  list,  if,  upon  the  recom-  ^<*3,ctive  isr. 
mendation  of  the  President,  they  shall  receive  a  vote  of  thanks  of  Con- 
gress for  their  services  and  gallantry  in  action  against  the  enemy,  and 
not  otherwise. 

Idem,  8.  3. 

Sec.  1473.  Officers  who  shall  have  been,  or  who  shall  be,  retired  from  Title  15,  (Imp.  4. 
the  positions  of  chiefs  of  the  Bureaus  of  Medicine  and  Surgery,  of  Pro-     uetired  from 
visions  and  Clothing,  of  Steam  Engineering,  or  of  Construction  and  position  of  Chief 
Kepair,  by  reason  of  age  or  length  of  service,  shall  have  the  relative  of  Bureau, 
rank  of  commodore. 

3  March,  187),  s.  5,  v.  16,  p.  535. 

Sec.  1481.  Officers  of  the  Medical,  Pay,  and  Engineer  Corps,  ^^^P-Qf^^aff^o^fH  c^ers 
lains,  professors  of  mathematics,  and  constructors,  who  shall  have  served  ^vjien  retired  for 
faithfully  for  forty-live  years,  shall,  when  retired,  have  the  relative  age  or  len^tli  of 
rank  of  commodore :  and  officers  of  these  several  corps  who  have  been  service. 
or  shall  be  retired  at  the  age  of  sixty-two  years,  before  having  served 
for  forty-five  years,  but  who  shall  have  served  faithfully  until  retired, 
shall,  on  the  completion  of  forty  years  from  their  entry  into  the  service, 
have  the  relative  rank  of  commodore. 

3  March,  1871,  s.  11,  v.  16,  p.  537. 

Sec.  1482.  Stafi:-officers,  who  have  been  or  shall  be  retired  for  causes  WLen  retired 
incident  to  the  service  before  arriving  at  sixty-two  years  of  age,  shall  ^^^  causes  inci 
have  the  same  rank  on  the  retired  list  as  pertained  to  their  position  on  ^  ^°  ^  service, 
the  active  list. 

Idem. 

Sec.  1588.  The  pay  of  all  officers  of  the  Navy  who  have  been  retired  T»'c  '5,  Chap.  8. 
cafter  forty-five  years'  service  after  reaching  the  age  of  sixteen  years,  or     Pay  of  retired 
who  have  been  or  may  be  retired  after  forty  years'  service,  upon  their  ^^^^'^rs. 
-own  application  to  the  President,  or  on  attaining  the  age  of  sixty-two 
years,  or  on  account  of  incapacity  resulting  from  long  and  faithful  serv- 
ice, from  wounds  or  injuries  received  in  the  line  of  duty,  or  from  sickness 
or  exposure  therein,  shall,  when  not  on  active  duty,  be  equal  to  seventy- 
five  per  centum  of  the  sea  pay  provided  by  this  chapter  for  the  grade  or 
Tank  which  they  held,  respectively,  at  the  time  of  their  retirement.     The 
pay  of  all  other  officers  on  the  retired  list  shall,  when  not  on  active  duty, 
l>c  equal  to  one-half  the  sea-pay  provided  by  this  chapter  for  the  grade 
or  rank  held  by  them,  respectively,  at  the  time  of  their  retirement. 
15  July,  1870,  s.  5,  v.  16,  p.  333.        3  March,  1873,  s.  1,  v.  17,  p.  555. 

XOTE. — Sections  1588,  1590,  and  1593,  which  contain  provisions  both  of  a  gen- 
eral and  special  character  prescribing  the  compensation  of  naval  retired  officers, 
and  embracing  within  fclieir  scope  all  such  officers,  whether  of  the  line  or  stall", 
superseded  all  provisions  in  force  at  the  adoption  of  the  Revised  Statutes  by 
which  that  compensation  was  i)reviously  regulated,  and  those  sections  there- 
after furnished  the  only  law  upon  the  subject. — Op.  XV,  p.  316,  Devens,  June 
18,  1877. 

Sec.  1589.  Rear-admirals  on  the  retired  list  of  the  Navy,  who  were  Ivear-admiral* 
retired  as  captains  when  the  highest  grade  in  the  Navy  was  captain,  at 
the  age  of  sixty-two  years,  or  after  forty-five  years'  service,  and  who, 
after  their  retirement,  were  promoted  to  the  grade  of  rear-admiral,  and 
performed  the  duties  of  that  grade  in  time  of  war,  shall  be  considered  as 
having  been  retired  as  rear-admirals. 

5  June,  1872,  s.  1,  v.  17,  p.  226.        3  March,  1873,  s.  1,  v.  17,  p.  555. 

Sec.  1590.  Officers  who  have  been  retired  as  third  assistant  engineers  Third  assistant 
shall  continue  to  receive  pay  at  the  rate  of  four  hundred  dollars  a  year,  engineers. 

3  March,  1859,  s.  2,  v.  11,  p.  407.  21  April,  1864,  s.  7,  v.  13,  p.  54. 

3  Aug.,  1861,  s.  22,  v.  12,  p.  290.  15  July,  1870,  s.  5,v.  16,  p.  333. 

July,  1862,  s.  20,  v.  12,  p.  587. 


88 


SECRETARIES    AND    CLERKS. 


Pay  not  in-  Sec.  1591.  No  officer,  heretofore  or  hereafter  promoted  ux^oa  the  re- 
creased  by  pro-  tired  list,  shall,  in  consequence  of  such  promotion,  be  entitled  to  anv 
motion.  increase  of  pay.     {See  Aug.  b,  1H82,  post.-] 

2  March,  1867,  s.  9,  v.  14,  p.  517.'        15  July,  1870,  s.  5,  v.  16,  p.  533. 
5  Aug.,  1882.         Hereafter  there  shall  be  no  promotion  or  increase  of  pay  in  the  retirevi 
No  promotion,  ^^^*  "^  *^®  Navy  but  the  rank  and  pay  of  officers  on  the  retired  list  shall 
&c.,    of    retired  he  the  same  that  they  are  when  such  officers  shall  be  retired, 
officers.  5  ^ug.,  1882.     P.  E.  L.,  p.  285. 

Title  15,  Chap.  8.     Sec.  1592.  Officers  on  the  retired  list,  when  on  active  duty,  shall  re- 

Pay  on  active  ^^^^®  *^®  ^^^^^  P^^  of  their  respective  grades, 
duty.  1  June,  1860,  s.  5,  v.  12,  p.  27.         2  March,  1867,  s.  9,  t.  14,  p.  517. 

Officers  retired     Sec.  1593.  Officers  placed  on  the  retired  list,  on  furlough  pay,  shall 
on  niriougn  pay.  receive  only  one-half  of  the  pay  to  which  they  would  have  been  entitled 
if  on  leave  of  absence  on  the  active  list. 


3  March,  1835,  s.  1,  v.  4,  p.  756. 
28  Feb.,  1855,  s.  2,  v.  10,  p.  616. 
16  Jan.,  1857,  s.  1,  v.  11,  p.  154. 


3  Aug.,  1861,  8.  23,  V.  12,  p. 291. 
28  July,  1866,  s.  2,  v.  14,  p.  345. 
30  Jan.,  1875,  v.  18,  p.  304. 


Transfer  from 
£  irlough  to  re- 
lired  pay. 


Rations. 


Sec.  1594.  The  President,  by  and  with  the  advice  and  consent  of  the 
Senate,  may  transfer  any  officer  on  the  retired  list  from  the  furlough  to 
the  retired-pay  list.      [See  notesunder  Pay,  Furlough.] 

16  Jan.,  1857,  s.  3,  v.  11,  p.  154.         16  July,  1862,  s.  20,  v.  12,  p.  587. 
30  Jan.,  1875,  v.  18,  p.  304. 

Sec.  1595.  Rations  shall  not  be  allowed  to  officers  on  the  retired  list^ 
16  July,  1862,  s.  20,  v.  12,  p.  587. 

Retirement  in  Marine  Corps  (see  Marine  Corps,  Part  II). 


SECEETAEIES  AND  CLERKS. 


Seo. 

1367.  Eank  of  secretaries  to  Admiral  and  Vice- Ad- 
miral. 
1556.  Pay  of  same. 
1556.  Secretary  at  Naval  Academy. 
Clerks  at  Naval  Academy. 

1386.  Clerks  to  paymasters. 

1387.  When  not  allowed  to  paymasters. 


Sec. 

1388.  Clerks  to  passed  assistant  and  assist-ant  pay 

masters. 
1556.  Pay  of  same. 
1556.  Clerks  to  commandants. 
1416.  Discontinuance  of,  at  yards. 

No  more  appointments  afloat. 

Officers  as  secretaries  and  clerks. 


TO  ADMIRAL  AND  VICE-ADMIRAL. 

Title  15,  Chap.  1.  Sec.  1367.  The  Admiral  and  Vice-Admiral  shall  each  be  allowed  a 
-T, — 7- —  secretary,  who  shall  be  entitled  to  the  rank  and  allowances  of  a  lieu- 

rank.""    ""   ''"     tenant  in  the  Navy.     [See  May  4,  1878,  post] 

21  Dec,  1864,  s.  2,  v.  13,  h.  420. 

16  May,  1866,  y.  14,  p.  48. 

25  July,  1866,  s.  6,  v.  14,  p.  223. 

2  March,  1867,  s.  1,  v.  14,  h.  516. 

Title  15,  Chap.  S^     Sec.  1556.  Secretaries  to  the  Admiral  and  the  Vice-Admiral,  each  two 
thousand  five  hundred  dollars.     [See  ^  1367] 
15  July,  1870,  s.  3,  v.  16,  p.  332. 


Pay, 


AT  NAVAL  ACADEMY. 

Secretary  of  the  Naval  Academy,  one  thousand  eight  hundred  dol- 
lars. 

15  July,  1870,  8.  3,  v.  16,  p.  332. 

23  Feb.  1881.         Three  clerks  to  superintendent,  at  one  thousand  two  hundred  dollars ,. 
' one  thousand  dollars,  and  eight  hundred   dollars   respectively :  one 


Clerks  and  clerk  to  commandant  of  cadets,  one  thousand  two  hundred  dollars; 
their  pay.  ^^^  clerk  to  paymaster,  one  thousand  dollars. 

3  March,  1883,  pamphlet  edition,  p.  478. 

TO   PAY   OFFICERS. 

Sec.  1366.  Paymasters  of  the  fleet,  paymasters  on  vessels  having: 

Title  15,  Chap,  l.  complements  of  more  than  one  hundred  and  seventy-iive  persons,  on 

Clerks  to  pay-. supply-steamers,  store- vessels,  and  receiving  ships,  paymasters  at  sta- 

masters  of  the  tions  and  at  the  Naval  Academy,  and  i)ayraasters  detailed  at  stations  a- 

fieet  and  others,   inspectors  of  provisions  and  clothing,  shall  each  be  allowed  a  clerk. 

14  July,  1862,  s.  3,  v.  12,  p.  565         26  May.  1864,  v.  13,  p.  f>2. 


SECRETARIES    AND    CLERKS.  8^ 

Sec.  1387.  No  paymaster  shall  be  allowed  a  clerk  in  a  vessel  having    When  not  al 
the  complement  of  one  hundred  and  seventy-live  persons  or  less,  ex-  lo^eu. 
cepting  in  snpi>l5'  steamers  and  store-vessels. 

26  May,  1864,  y.  13,  p.  92. 
'    Sec.  1388.  Passed  assistant  paymasters  and  assistant  paymasters  at-    Clerks  of  passoa 
tached  to  vessels  of  war  shall  be  allowed  clerks,  if  clerks  would  t>e  ^f^^^^f  *  J"4 J|: 
allowed  by  law  to  paymasters  so  attached.  ters. 

3  March,  1863,  s.  5,  v.  12,  p.  818. 

Sec.  1556.  *  *  *  Clerks  to  paymasters  at  navy-yards,  Boston,  Title  15,  Chap.  8. 
New  York,  Philadelphia,  aod  Washington,  one  thousand  six  hundred  dgrks  to  pay- 
dollars;  Kittery,  Norfolk,  and  Pensacola,  one  thousand  four  hundred  masters  olyanls- 
dolhirH  ;  Mare  Island,  one  thousand  eight  hundred  dollars.  and  stations. 

Clerks  to  paymasters,  at  other  stations,  one  thousand  three  hundred 
dollars. 

Clerks  to  paymasters  of  receiving-ships  at  Boston,  New  York,  and    Clerks  to  pay- 
Philadelphia,  one  thousand  six  hundred  dollars;  at  Mare  Island,  one  masters otreceiv- 
thousand  eight  hundred  dollars ;  of  other  receiving-ships,  one  thousand     ^      v  ,      • 
three  hundred  dollars. 

Clerks  to  paymasters  on  vessels  of  the  first  rate,  one  thousand  three    Clerks  to  pay 
hundred  dollars;  on  vessels  of  the  second  rate,  one  thousand  one  hun-™^|;^^^  ^^  ^^'^' 
dred  dollars  ;  on  vessels  of  the  third  rate,  and  supply-vessels  and  store- 
ships,  one  thousand  dollars.  tm    i    +    h 

Clerks  to  fleet  paymasters,  one  thousand  one  hundred  dollars.  paymasters. 

Clerks  to  paymasters  at  the  Naval  Academy  and  Naval  Asylum,  one  Clerks  to  pay 
thousand  three  h  undred  dollars.  masters  at  As v  - 

lum    and    Acad- 
emy. 
Clerks  to  inspectors  in  charge  of  provisions  and  clothing,  at  navy-     cfierks    to    in 
yards,  Boston,  New  York,  Philadelphia,  and  Washington,  one  thousand  spectors. 
six  hundred  dollars ;  to  inspectors  in  like  charge  at  other  inspeccdons, 
one  thousand  three  hundred  dollars. 
•  15  July,  1870,  8.  3,  v.  16,  p.  332. 

Notes.— The  clerk  of  a  paymaster  in  the  Navy  is  subject  to  the  .jurisdiction 
of  a  court-martial,  and  may  be  arrested  and  tried  for  an  offense  committed  while 
in  the  service,  even  after  his  connection  Vith  it  has  been  legally  severed.— ^a; 
p  irte]  Bogart,  17  Int.  Rev.  Bee,  155. 

Under  the  act  of  March  2, 1863,  a  paymaster's  clerk  is  a  person  in  the  military 
service,  and  liable  to  trial  by  court-martial.- United  States  v.  Bogart,  3  Benedict 
R.,  257. 

A  regularly  appointed  clerk  of  a  paymaster  in  the  Navy  is  a  "person  in  the 
naval  service  of  the  United  States  within  the  meaning  of  article  14,  sec.  1624 
of  the  Revised  Statutes,  and  for  a  violation  of  its  provisions  is  subject  to  be 
tried,  convicted,  and  sentenced  by  a  naval  general  court-martial.  Otto,  S.  C, 
100,  p.  13,  Oct.,  1879.  See  same,  case  of  Reed,  paymaster's  clerk,  tried  by  court- 
martial  where,  on  habeas  corpus,  the  Supreme  Court  decided  that  the  court-mar- 
tial had  jurisdiction,  and  was  competent  to  pass  the  sentence  of  which  he  com- 
plained.' 

AT  YARDS  AND   STATIONS. 

Sec.  1556.  '*     *     *    First  clerks  to  commandants  of  navy-yards,  one    Pay. 
thousand  five  hundred  dollars. 

Second  clerks  to  commandants  of  navy-yards,  one  thousand  two  hun-  , 

died  dollars. 

Clerk  to  commandant  of  navy-yard  at  Mare  Island,  one  thousand 
eight  hundred  dollars. 

Clerks  to  commandants  of  naval  stations,  one  thousand  five  hundred 
dollars. 

15  July,  1870,  8.  3,  v.  16,  p.  332. 

Sec.  1416.  The  Secretary  of  the  Navy  is  authorized,  when  in  his  opin-  Title  15,  Chap.  !^ 
ion  the  public  interest  will  permit  it,  to  discontinue  the  office  or  era-     Clerks  at  yard :^-. 
ployment  of  *  ^  *  any  clerk  of  the  yard,  clerk  of  the  commandant,  clerk  may  be   disoon 
of  the  store-keeper,  clerk  of  the  naval  constructor.     *     *     *  tinued, 

10  Aug.,  1846,  s.  1,  V.  9,  p.  98. 

OFFICERS   AS    SECRETARIES    AND    CLERKS. 

On  and  after  the  first  day  of  July,  eighteen  hundred  and  seventy-  _Z ^ '  L 

eight,  there  shall  be  no  appointments  made  from  civil  life  of  secretaries  Secretaries  an jS 
or  clerks  totheAdmiral,  or  Vice-A.dniiral,  when  on  sea  service,  command-  clerks  fronaciviPi 
ers  of  squadrons,  or  of  clerks  to  coiiinianders  of  vessels;  and  an  o^i^ei  poinded  afloat.^^' 


90 


SEAMEN    IN    THE    NAVY. 


Detail  of  offi-  not  above  the  grade  of  lieuteuaiit  shall  bo  «letailed  to  perform  the  du- 
ihedutie^  '^"^  *^^^  ^*  secretary  to  the  Admiral  or  Vice-Admiral,  wheu  on  sea  service, 
and  one  not  above  a  lieiitetiant  of  the  Junior  grade  to  perform  the  duties  of 
clerk  to  a  rear-admiral  or  commander,  and  one  not  above  the  grade  of 
ensign  to  perform  the  dnti^^s  of  clerk  to  a  captain,  commander,  or  lieu- 
tenant-commander when  afloat.     *     *     * 

4  Mav,  1878,  v.  20,  p.  .')0. 

3  March,  1883,  1'.  E.  L.,  p.  472. 

SEAMEN  IX  THE  NxWY. 


Sec. 

1407.  Promotion  of  seamen. 

1408.  Seamen  rated  as  mates. 

1409.  Xot  dischar«>,fcd  from  enlistment  by  beinjjj 

rated  mates. 

1410.  Petty  officers. 

1417.  Enlisted  men,  number  of. 

1418.  Term  of  enlistment. 

1419.  Consent  of  parents  and  guardians. 

1420.  Persons  not  to  be  enlisted. 

1421.  Transfer  from  military  to  naval  service. 

1422.  Men  sent  home  at  expir.ition  of  term. 

1423.  Subject  to  regulations,  «S:c. 

1424.  Limit  of  detention. 

1425.  "What  to  be  contained  in  shipping-articles. 


Sec. 
'    1426.  Honorable  discharge,  to  w^'ora  granted. 

1427.  Form  of  honorable  discharge. 
!    1429.  Men  entitled  to  lion(»rable  discharge. 
I   1430.  Sale  of  wages  and  prize-money. 
1   1431.  Duty  as  to  granting  leave  and' liberty. 
,   1569.  Pay  of  enlisted  men. 

[   1570.  Additional  pay  for  serving  as  firemen,  &.c. 
I   1572.  Detention  beyond  term  of  enlistment. 
:   1573.  Bouutj^-pay  for  re-enlisting. 

1574.  Crews  of  lost  or  wrecked  vessels. 
,    1575.  Crews  taken  by  an  enemy. 

1576.  Assignment  of  wages. 

4878.  Burial  of  seamen  in  national  cemeteries. 
,   Machinists  in  the  Navy. 


Title  15,  Chap.  1.     Sec.  1407.  Seamen  distinguishing  themselves  in  battle,  or  by  extraor- 

Promotion     of  ^^"^^^^  heroism  in  the  line  of  their  profession,  may  be  promoted  to  for- 

«eamen  to   war-  ward  warrant  officers,  upon  the  recommendation  of  their  commanding 

rant  officers.        officer,  approved  by  the  flag-officer  and  Secretary  of  the  Navy.     And 

upon  such  recommendation  they  shall  receive  a  gratuity  of  one  hundred 

dollars  and  a  medal  of  honor,  to  be  prepared  under  the  direction  of  the 

Navy  Department. 

17  May,  1864,  s.  3,  v.  13,  p.  79.  , 

Note.— The  7th  section  of  the  act  of  December  21,  1861,  vol.  12,  p.  329,  author- 
ized the  Secretaiy  of  the  Navy  to  prepare  medals  of  honor,  with  suitable  em- 
blematic devices,  to  be  bestowed  upon  such  petty  officers,  seamen,  landsmen, 
and  marines  as  should  most  distinguish  themselves  by  their  gallantry  in  action, 
and  other  seaman-like  (pialities  during  the  war  of  the  rebellion.  Approjjria- 
tions  have  since  been  made  for  such  medals,  which  are  bestowed  in  meritorious 
cases,  although  no  promotion  takes  place. 

rated  almaS^^      ^^^'  ^'*^^;  ^**^^  ^^^  ^^  ^■^*^^'  "°^^^^  authority  of  the  Secretary  of 
the  Navy,  from  seamen  and  ordinary  seamen  who  have  enlisted  in  the 
naval  service  for  not  less  than  two  years. 
17  Mav,  1864,  s.  3,  v.  13,  p.  79. 
3  March,  1865,  s.  3,  v.  13,  p.  539. 

•xlischaige  *frora      ^^^'  ^^^^'  The  rating  of  an  enlisted  man  as  a  mate,  or  his  appoint- 
«ulistment.  ment  as  a  warrant  officer,  shall  not  discharge  him  from  his  enlistment. 

Idem. 

Sec.  1410.  All  officers  not  holding  commissions  or  warrants,  or  who 
are  not  entitled  to  them,  except  such  as  are  temporarily  appointed  to 
the  duties  of  a  commissioned  or  warrant  officer,  and  except  secretaries 
and  clerks,  shall  be  deemed  petty  officers,  and  shall  be  entitled  to  obedi- 
ence, in  the  execution  of  their  offices,  from  persons  of  inferior  ratings. 
17  July,  1862,  s.  18,  v.  12,  p.  610. 

Sec.  1417.  TJw  number  of  persons  who  may  at  one  time  be  enlisted  into 
the  Navy  of  the  United  States,  including  seamen^  ordinary  seamen,  landsmen, 
mechanics,  firemen,  and  coal-heavers,  and  including  seven  hundred  and  fifty 
apprentices  and  boys,  hereby  authorized  to  be  enlisted  annually,  shah  not  ex- 
ceed eight  thousand  two  hundred  and  fifty :  Provided,  That  in  the  appoint- 
ment of  warrant-oj^cers  in  the  naval  service  of  the  United  States,  preference 
shall  be  given  to  men  who  have  been  honorably  discharged  upon  the  expiration 
of  an  enlistment  as  an  apprentice  or  boy,  to  serve  during  minority,  and  re- 
enlisted  within  three  months  after  such  discharge,  to  serve  during  a  term  of 
three  or  more  years:  Provided  further.  That  nothing  in  this  act  [section] 
shall  be  held  to  abrogate  the  provisions  of  section  fourteen  hundred  and  seven 
of  the  lievised  Statutes  oj  the  United  States. 

7  June,  1864,  v.  13,  p.  120. 
17  June,  1868,  s.  2,  v.  15,  p.  72. 
12  May,  1879,  v.  21,  p.  3. 
30  June,  1876,  v.  19,  p.  66. 


Petty  officers. 


Enlisted   men, 
auimber  of. 


SEAMEN    IN    THE    NAVY.  91 

Skc.  1418.  Boys  between  the  aojos  of  fourteen  and  eighteen  years  may     Tenn  of  enliwt- 
1)0  enlisted  to  serve  in  the  Navy  until  they  shalt  arrive  at  the  age  of '"<^"^- 
twenty-one  years ;  other  persons  may  be  enlisted  to  serve  for  a  period 
not  exceeding  five  yeart»,  unless  sooner  discharged  by  direction  of  the 
President. 

2  March,  1837,  8. 1,  v.  5,  p.  153. 
12Mav,1879,  v.21,p.  3. 
23  Feb.,  1881,  V.  21,  p.  331. 

Skc.  1419.  Minors  between  the  ages  of  fourteen  and  eighteen  years  Consent  of  pa- 
shall  not  be  enlisted  for  the  naval  service  without  the  consent  of  their  [|°^^  *°^  ""^'''^■ 
parents  or  guardians. 

2  March,  1837,  s.  1,  v.  5,  p.  153. 

3  March,  1865,  s.  18,  v.  13,  p.  490. 
12  May,  1879,  v.  21,  p.  3. 

23  Feb.,  1881,  v.  21,  p.  331. 

Skc.  1420.  No  minor  under  the  age  of  fourteen  years,  no  insane  or  in-   ^^«J|5«^^^j"*^<^  ^ 
'  toxicated  person,  and  no  deserter  from  the  naval  or  military  service  of 
the  United  States,  shall  be  enlisted  in  the  naval  service. 

3  March,  18fi."),  s.  18,  v.  13,  p.  490. 
12Mav,  1879.v.21,p.  3. 
23  Felb.,  1881,  v.  21,  p.  331. 

XOTKS.— United  States  courts  can  in«iiiirc  into  the  validity  of  enlistments  on 
habeas  corpus,  and  thereupon  discharge  enlisted  persons  in  proper  cases.  This 
power  cannot  lejrally  be  exercised  by' State  courts.  Winthrop's  Digest,  p.  250 
and  280,  witli  authorities  given.     Subject  discussed.— Also  Op.  XII,  2.59. 

It  has  generally  been  held  that  the  enlistment  of  minors  in  the  Navy,  over 
18,  was  legal.  The  circuit  court  of  the  United  States  district  of  Massachusetts, 
however,  January  30,  1883,  ordered  the  discharge  of  a  minor,  basing  its  action 
^>n  a  decision  of  Judge  Lowell  in  1870,  which  was  that  Congress  had  the  right 
to  pass  a  law  making  legal  the  enlistment  of  a  minor,  but  not  having  done  so  by 
-^jxplicit  statute  the  common  law  of  the  State  must  rule— the  services  of  a  minor 
belonging  to  its  legal  guardian. 

The  Executive  Department  has  discretionary  authority  to  discharge  before 
The  term  of  service  has  expired,  but  has  no  power  to  vary  the  contract  of  enlist- 
ment.—Op.  IV,  538  :  XV,  362. 

Enlistment  ''for  three  years  or  during  the  war,''  means  three  j'ears  from  date 
of  muster,  if  war  should'  last  so  long,  and  if  it  should  not,  then  until  it  should 
end.  Reference  to  duration,  a  restriction,  not  an  extension.  Cannot  be  legally 
retained  over  three  years,  although  the  war  may  extend  beyond  that  p^^riod. 
Winthrop,  p.  252.  Refers  to  decision  of  supreme  court  of  Pennsylvania,  and 
other  aixthorities. 

An  alien  can  be  enlisted  in  the  naval  service  or  the  Marine  Corps,  and  is  bound 
the  same  as  a  citizen  to  serve  for  his  term  of  enlistment. — Op.  Ill,  671 ;  IV,  350 ; 
VI,  474,  607.  A  minor  is  not  bound  by  his  contract,  although  entered  into  with 
the  consent  of  his  guardian,  after  he  becomes  of  age. — Op.  IV,  3.50. 

Skc.  1421.  Any  person  enlisted  in  the  military  service  of  the  United  jj,iiitary  to  naval 
States  may,  on  application  to  the  Navy  Department,  approved  by  the  service" 
President,  be  transferred  to  the  Navy  or  Marine  Corps,  to  serve  therein 
the  residue  of  his  term  of  enlistment,  subject  to  the  laws  and  regula- 
tions for  the  government  of  the  Navy.  But  such  transfer  shall  not  re- 
lease him  from  any  indebtedness  to  the  Government,  nor,  without  the 
consent  of  the  President,  froju  any  penalty  incurred  for  a  breach  of 
military  law. 

1  July,  1864,  8.  1,  V.  13,  p.  342. 

Skc.  1422.  That  it  shall  be  the  duty  of  the  commanding  officer  of  any  j,^^';;"^;^  expi^a- 
ilect,  squadron,  or  vessel  acting  singly,  when  on  service,  to  send  to  an.ti^,n*„f  term  •  of 
Atlantic  or  to  a  Pacific  port  of  the  United  States,  as  their  enlistment  enlistment, 
may  have  occurred  on  either  the  Atlantic  or  Pacific  coast  of  the  United 
States,  in  some  public  or  other  vessel,  all  petty-officers  and  persons  of 
interior  ratings  desiring  to  go  there  at  the  expiration  of  their  terms  of 
<'nlistment,  or  as  soon  tliereafter  as  may  be,  unless,  in  his  opinion,  the 
detention  of  such  persons  for  a  longer  period  should  be  essential  to  the  y(;^*j\*^".^,\'^" 
public  interests,  in  which  case  he  may  detain  them,  or  any  of  them,  un-  ^  * 
til  the  vessel  to  which  they  belong  shall  return  to  such  Atlantic  or  Pa- 
cific  port.     All  persons  enlisted  without  the  limits  of  the  United  States  gd  without ^imfts 
may  be  discharged,  on  the  exj)iration  of  their  enlistment,  either  in  a  of  United  States, 
foreign  port  or  in  a  port  of  the  United  States,  or  they  may  be  detained 
4is  above  provided  beyond  the  term  of  their  enlistment;  and  that  all     Men  subject  to 
l>ersous  sent  home,  or  detained  by  a  commanding  officer,  according  to  regulations  until 
the  provisions  of  this  act,  shall  be  subject  in  all  respect  to  the  laws  and  return    or    d  id- 
regulations  for  the  government  of  the  Navy  until  their  return  to  an  At-  charge, 
lantic  or  Pacific  port  and  their  regular  discharge;  and  all  persons  so 
^detained  by  such  officer,  or  re-entering  to  serve  until  the  return  to  an 


92  SEAMEN    IN    THE    NAV^. 

Atlantic  or  Pacific  port  of  the  vessel  to  whicli  tliey  belong,  shall  in  no 

How  long  lield  case  be  held  in  servicejnore  than  thirty  days  after  their  arrival  in  said 

iD   service  after  port;  and  that  all  persons  who  shall  be  so  detained  beyond  their  terms 

^^^    '  of  enlistment  or  who  shall,  after  the  termination  of  their  enlistment^ 

voluntarily  re-enter  to  serve  until  the  return  to  an  Atlantic  or  Pacific 

for  iet^Su  ^^  P*'^  ®^  *^®  vessel  to  which  they  belong,  and  their  regular  discharge 

Th'.       ft   t^6r®^^o™>  shall  receive  for  the  time  during  which  they  are  so  detained, 

be  contained"  in  ^^  shall  80  serve  beyond  their  original  terms  of  enlistment,  an  addition 

shipp  i  n  g-a  r  t  i-  of  one-fourth  of  their  former  pay  :  Provided,  That  the  shipping-articles 

cles.  shall  hereafter  contain  the  substance  of  this  section.    [See  ^  1572,  infra. } 

17  July,  1862.  s.  17,  v.  12,  p.  610. 
3March,  1875,  V.  18,  p.484. 

Subject  torec-  Sec.  1423.  All  persons  sent  home,  or  detained  by  a  commanding  offi- 
nlations  while  cer,  according  to  the  provisions  of  the  preceding  section,  shall  be  sub- 
Sed!'™^  "'■"^"ject  in  all  respects  to  the  laws  and  regulations  for  the  government  of 

the  Navy,  until  their  return  to  an  Atlantic  port  and  their  regular  dis- 

charge. 

17  July,  1862,  s.  17,  v.  12,  p.  610. 
Limit  of  deten-      Sec.  1424.  Persons  so  detained  by  a  commanding  officer,  or  re-eutering 
*^**"-  to  serve  until  the  return  to  an  Atlantic  port  of  the  vessel  to  which  they 

belong,  shall  in  no  case  be  held  in  service  more  than  thirty  days  after 
their  arrival  in  said  port. 
Idem. 

"Whattobeoon-      Sec.  1425.  The  shipping  articles  shall  contain  the  substance  of  the 
three 
two. 


plL"g^-artll°le8^.^^^"  *^®®  sections  next  preceding  and  of  section  fifteen  hundred  and  seveuty- 


Idem. 
Honorable  dis-      Sec.  1426.  Honorable  discharges  may  be  granted  to  seamen,  ordinary 
Santed     ^"*  seamen,  landsmen,  firemen,  coal-heavers,  and  boys  who  have  enlisted 
*~  "  for  three  years. 

2  March,  1855,  s.  1,  v.  10,  p.  627. 
7  June,  1864,  v.  13,  p.  120. 

Form  of  honor-      Seg.  1427.  Honorable  discharges  shall  be  granted  according  to  a  form 
able  discharge,     prescribed  by  the  Secretary  of  the  Navy. 

Idem. 

Titlel  5,  Chap.  2*     Sec.  1429.  It  shall  be  the  duty  of  every  commanding  officer  of  a  ves- 

Report  of  men  '^^^'  ^^  returning  from  a  cruise,  and  immediately  on  his  arrival  in  port, 

entitled  to  honor-  ^^  forward  to  the  Secretary  of  the  Navy  a  list  of  the  names  of  such  of 

able  discharge,     the  crew  who  enlisted  for  three  years  as,  in  his  opinion,  on  being  dis- 

chargedj  are  entitled  to  an  "  honorable  discharge  "  as  a  testimonial  of 

fidelity  and  obedience ;  and  he  shall  grant  the  same  to  the  persons  so 

designated. 

2  March,  1855,  s.  1,  v.  10,  p.  627. 

To  discourage     Sec.  1430.  Every  commanding  officer  of  a  vessel  is  required  to  dis- 
sale  of  prize-mo-  courage  his  crew  from  selling  any  part  of  their  prize-money,  bounty- 
ney  or  wages.       money,  or  wag^s,  and  never  to  attest  any  power  of  attorney  for  the 
transfer  thereof  until  he  is  satisfied  that  the  same  is  not  granted  in  con- 
sideration of  money  given  for  the  purchase  of  prize-money,  bounty- 
money,  or  wages.     [See  $  4643,  Prize.     Part  IV.  J 
30  June,  1864,  a.  12,  v.  13,  p.  310. 

Duty    a  -s    to     Sec.  1431.  It  shall  be  the  duty  of  commanding  officers  of  vessels,  in 
SdliSfty.  ^'^^^ granting  temporary  leave  of  absence  and  liberty  on  shore,  to  exercise 
carefully  a  discrimination  in  favor  of  the  faithful  and  obedient. 
2  March,  1855,  s.  3,  v.  10,  p.  627. 

Title  15,  Chap.  8.     Sec.  1569.  The  pay  to  be  allowed  to  petty  officers,  excepting  matesr 

~— — r~,  and  the  pay  and  bounty  upon  enlistment  of  seamen,  ordinary  seamen, 

^Pay  of  enlisted  gpg^jgjj^  and  coal-heavers,  in  the  naval  service,  shall  be  fixed  by  the 
President :  Provided,  That  the  whole  sum  to  be  given  for  the  whole  pay 
aforesaid,  and  for  the  pay  of  officers,  and  for  the  said  bounties  upon 
enlistments  shall  not  exceed,  for  any  one  year,  the  amount  which  may,, 
in  such  year,  be  appropriated  for  such  purposes. 

18  April.  1814,  s.  1,  v.  3,  p.  136. 

3  xMarch,  1847,  s.  4,  v.  9.  p.  173. 
1  July.  1864,  s.  4,  v.  13,  p.  342. 

3  March.  1805.  s.  2,  v.  13,  p.  .539. 


SEAMEN    IN    THE    NAVY.  93 

Sec.  1570.  Every  seaman,  ordinary  seaman,  or  landsman  who  performs     Additional  pay 
the  duty  of  a  fireman  or  coal-heaver  on  board  of  any  vessel  of  waT  shall  jireinen^ml  coal^ 
1)0  entitled  to  receive,  in  addition  to  his  compensation  as  seaman,  ordi-  heavers, 
nary  seaman,  or  landsman,  a  compensation  at  the  rate  of  thirty-three 
•cents  a  day  for  the  time  he  is  employed  as  fireman  or  coal-heaver. 

1  March,  1869,  8.  2,  v.  15,  p.  280. 

Skc.  1572.  All  petty  officers  and  persons  of  inferior  ratings  who  are  de-  Detention  be- 
taiucd  beyond  the  terms  of  service,  according  to  the  provisions  of  section  u"tment'^ 
fourteen  hundred  and  twenty-two,  or  who,  after  the  termination  of  their 
service,  voluntarily  re  enter,  to  serve  until  the  return  to  an  Atlantic 
port  of  the  vessel  to  which  they  belong,  and  until  their  regular  discharge 
therefrom,  shall,  for  the  time  during  which  they  are  so  detained  or  so 
8crve  beyond  their  original  terms  of  service,  receive  an  addition  of  one- 
fourth  of  their  former  pay. 

17  July,  1862,  s.  17,  v.  12,  p.  610. 

Sec.  1573.  If  any  seaman,  ordinary  seaman,  landsman,  fireman,  coal-    Bounty-pay  for 
lieaver,  or  boj^,  being  honorably  discharged,  shall  re- enlist  for  three  ^®*^^"^' 
years,  within  three  months  thereafter,  he  shall,  on  presenting  his  hon- 
orable discharge,  or  on  accounting  in  a  satisfactory  manner  for  its  loss, 
be  entitled  to  pay,  during  the  said  three  months,  equal  to  that  to  which 
he  would  have  been  entitled  if  he  had  been  employed  in  actual  service. 

7  June,  1864,  v.  13,  p.  120. 

2  March,  1865,  s.  2,  v.  10,  p.  627. 

Sec.  1574.  When  the  crew  of  any  vessel  of  the  United  States  are    ^  ^^  T^  ^    ,**  f 
separated  from  such  vessel,  by  means  of  her  wreck,  loss,  or  destruction,  yeggels     ^^ 
the  pay  and  emoluments  of  such  of  the  officers  and  men  as  shall  appear 
to  the  Secretary  of  the  Navy,  by  the  sentence  of  a  court-martial  or 
court  of  inquiry,  or  by  other  satisfactory  evidence,  to  have  done  their 
utmost  to  preserve  her,  and,  after  said  wreck,  loss,  or  destruction,  to 
have  behaved  themselves  agreeably  to  the  discipline  of  the  Navy,  shall     •      \ 
^o  on  and  be  paid  them  until  their  discharge  or  death. 

17  July,  1862,  s.  14,  v.  12,  p.  608. 

Sec.  1575.  The  pay  and  emoluments  of  the  officers  and  men  of  any     Crews  of  ve  3- 
A  essel  of  the  United  States  taken  by  an  enemy  who  shall  appear,  by  ^^^^  taken  by  an 
the  sentence  of  a  court-martial  or  otherwise,  to  have  done  their  utmost  ^°®™y* 
to  preserve  and  defend  their  vessel,  and,  after  the  taking  thereof,  to 
have  behaved  themselves  agreeably  to  the  discipline  of  the  Navy,  shall 
go  on  and  be  paid  to  them  until  their  exchange,  discharge,  or  death. 
Idem,  s.  15,  p.  609. 

Sec.  1576.  Every  assignment  of  wages  due  to  persons  enlisted  in  the    Assign m  e  n  t a 
naval  service,  and  all  powers  of  attorney,  or  other  authority  to  draw,  of  wages, 
receipt  for,  or  transfer  the  same,  shall  be  void,  unless  attested  by  the 
<iommanding  officer  and  paymaster.     The  assignment  of  wages  must 
specify  the  precise  time  when  they  commence. 
30  June,  1864,  s.  12,  v.  13,  p.  310. 

Sec.  4878.  All  soldiers,  sailors,  or  marines,  dying  in  the  service  of  the  _,.., 
United  States,  or  dying  in  a  destitute  condition,  after  having  been  hon-  ^"'^^^«  Cnap. ». 
ororably  discharged  from  the  service,  or  who  served  during  the  late  war,     Who  may  b  e 
«ither  in  the  regular  or  volunteer  forces,  maybe  buried  in  any  national  ^^iried  in  national 
cemetery  free  of  cost.     The  production  of  the  honorable  discharge  of  a  cemeteries, 
deceased  man  shall  be  sufficient  authority  for  the  superintendent  of  any 
cemetery  to  permit  the  interment. 

17  July,  1862,  s.  18,  v.  12,  p.  596. 
1  June,  1872,  v.  17,  p.  202. 
3  March,  1873,  v.  17,  p.  605. 

All  men  now  serving  in  the  Navy  who  may  be  discharged  as  machin-    June  16,  1880. 
ists,  with  continuous-service  certificates  entitling  them  to  honorable     Machinists'  in 
discharge,  and  those  discharged  in  the  said  rating  with  such  certifi-  the    Navy,   dia 
cates  since  the  twentieth  day  of  November,  eighteen  hundred  and  sev-  charge  of,  <fec 
euty-nine,  shall  receive  one-third  of  one  year's  pay  as  a  machinist  for 
each  good- conduct  badge  they  have  received,  or  may  receive,  not  ex- 
ceeding three  in  number  under  the  said  certificates,  the  said  gratuity 
to  be  received  in  lieu  of  re-enlistment  as  a  machinist  under  such  certifi- 
cate, and  to  be  in  full  and  in  lieu  of  all  claims  against  the  United  States 
in  connection  therewith,  for  extra  pay  for  re-enlisting,  or  for  continu- 
ous service,  or  for  enlistment  as  a  petty  officer;  and  the  amount  nec- 


m 


94  VESSELS    OF    THE    NAVY 

essary  to  carry  out  the  provisions  of  this  act  is  hereby  appropriated,, 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated:  Pro- 
vided, That  nothing  herein  contained  shall  be  so  construed  as  to  pre- 
vent the  re- enlistment  of  machinists  in  the  Navy. 
June  16,  1880,  v.  21,  p.  290. 

VESSELS  OF  THE  NAVY. 

Sec.  .  '  ^«^c. 

1428.  Officers    of    vessels  to  be  citizens   of  the  '   1539.  Repairs  on  sails  and  rigginjz. 

United  States.  1.540.  Sale  of  vessels  iiufit  to  be  repaired. 

1437.   Officers  to  inspect  vessels  under    War  De-      1541.  Sale  of  unserviceable  vessels  and  materials.. 

partment.  Uiitit  for  service;  removal  from  Register. 

1529.  Four  classes;  their  commanders.  Sale  of  vessels  stricken  from  Register. 

1530.  How  rated.  Restriction  on  repairs. 

1531.  Rule  for  naming.  1552.  Coal  depots  tor  vessels. 

1532.  Two  vessels  not  to  bear  the  same  name.  [  4293.  Suppression  of  piracy. 

1533.  Names  of  purchased  vessels.  4686.  Employment  on  coast  survey. 

1534.  Vessels  kept  in  service  in  time  of  peace.  Marine  schools.  , 

1535.  How  officered  and  manned.  Hulks  for  qua.iantine  purposes. 

1536.  Cruising  to  as.sist  distressed  navigators.  Steam  cruisera  for  tlie  Navy. 

1537.  Patented  articles  connected  with  marine  en-      Double-turreted  monitors. 

gines.  Accidents  to  vessels. 

1538.  Repairs  on  hull  and  spars. 

Title  15,  Chap.  2.     Sec.  1428.  The  officers  of  vessels  of  the  United  States  shall  in  all  cases- 

„^  .     \~  be  citizens  of  the  United  States. 

Officers    to   be 
citizensof  United  28  June,  1864,  s.  1,  v.  13,  p.  201. 

^Sficersforserv-  Sec.  1437.  The  President  may  detail,  temporarily,  three  competent 
ice  of  War  De-  naval  officers  for  the  .service  of  the  War  Department  in  the  inspection 
partment.  of  transport  vessels,  and  for  such  other  services  as  may  be  designated 

by  the  Secretary  of  War. 

12  Feb.,  1862,  v.  12,  p.  338. 

Title  15, Chap.  tt.     Sec.  1529.  The  vessels  of  the  Navy  of  the  United  States  shall  be  di- 

vided  into  four  classes,  and  shall  be  commanded  as  nearly  as  may  be  a» 

Four    classes  ;  ^.^jj^^g  . 

^icir   c  mm      •     y^^.^^  rates,  by  commodores ;  second  rates,  by  captains ;  third  rates,. 
by  commanders;  fourth  rates,  by  lieutenant-commanders. 
16  July,  1862,  s.  3,  v.  12,  p.  583. 
How  rated.  gj,^,   1530.  Steamships  of  forty  guns  or  more  shall  be  classed  as  first 

rates,  those  of  twenty  guns  and  under  forty  as  second  rates,  and  all 
those  of  less  than  twenty  guns  as  third  rates. 
12  June,  1858,  s.  5,  v.  11,  p.  319. 
Rule  for  nam      gj,.^.   ^531^  T^j^e  vessels  of  the  Navy  shall  be  named  by  the  Secretary 
'"*5'  of  the  Navy,  under  the  direction  of  the  President,  according  to  the  fol- 

lowing rule: 

Sailing-vessels  of  the  first  class  shall  be  named  after  the  States  of  the 
Union,  those  of  the  second  class  after  the  rivers,  those  of  the  third  class 
after  the  principal  cities  and  towns,  and  those  of  the  fourth  class  as  the 
President  may  direct. 

Steamships  of  the  first  class  shall  be  named  after  the  States  of  the 
Union,  those  of  the  second  class  after  the  rivers  and  principal  cities  and 
towns,  and  those  of  the  third  class  as  the  President  may  direct. 
3  March,  1819,  .s.  1,  v.  3,  p.  538. 
12  June,  1858,  s.  5,  v.  11,  p.  319. 

Two  vessels  gj,^.^  ^53.2^  Care  shall  be  taken  that  not  more  than  one  vessel  in  the 
»^me  Mmt""        ^^vy  shall  bear  the  same  name. 

Idem. 
Names  of  pur-      g^c.  1533.  The  Secretary  of  the  Navy  may  change  the  names  of  any 
V  based  vessels,    y^ggels  purchased  for  the  Navy  by  authority  of  law. 

5  Aug.,  1861,  8.  2,  V.  12, p.  316. 

Vessels  kept  in  Sec.  1534.  The  President  is  authorized  to  keep  in  actual  service  in 
8-rvicein  timeof  time  of  peace,  such  of  the  public  armed  vessels  as,  in  his  opinion,  may 
veace.  i^g  required  by  the  nature  of  the  service,  and  to  cause  the  residue  thereof 

to  be  laid  up  in  ordinary  in  convenient  ports. 
21  April,  1806,  s.  2,  v.  2,  p.  390. 

How    officered     Sec.  1535.  Vessels  in  actual  service,  in  time  of  peace,  shall  be  officered 
aB<l  manned.        and  manned  as  the  President  may  direct,  subject  to  the  provisions  of 
section  fifteen  hundred  and  twenty-nine. 
Idem.,  s.  3. 


VESSELS    OF    THE    NAVY.  95 

Sec.  1536.  The  President  may,  when  the  necessities  of  the  service     Cruising  to  as- 
permit  it,  cause  any  suitable  number  of  public  vessels  adapted  to  the  sist  distressed 
purpose  to  cruise  upon  the  coast  in  the  season  of  severe  weather  and  to  "^^'g^to^**' 
afford  such  aid  to  distressed   navigators  as  their  circumstances  may 
require  ;  and  such  public  vessels  shall  go  to  sea  fully  prepared  to  render 
such  assistance. 

22  Dec,  1837,  V.  5,  p.  208. 

Sec.  1537.  No  patented  article  connected  with  marine  engines  shall     Pat*»uted  arti- 
hereafter  be  purchased  or  used  in  connection  with  any  steam-vessels  of  ^u]^    connectetl 
war  until  the  same  shall  have  been  submitted  to  a  competent  board  of  Jines."^^""^  ^^ 
naval  engineers,  and  recommended  by  such  board,  in  writing,  for  pur-  '^ 
chase  and  use. 

18  .July,  1861,  8.  3,  v.  12,  p.  268. 

KEPAIll,   APPRAISEMENT,    AND   SALE   OF   VESSELS. 

Sec.  1538.  Not  more  than  three  thousand  dollars  shall  be  expended  at  Repairs  ou  linR 
any  navy-yard  in  repairing  the  hull  and  spars  of  any  vessel,  until  the  """^  spars, 
jiecessity  and  expediency  of  such  repairs  and  the  probable  cost  thereof 
are  ascertained  and  reported  to  the  Navy  Department  by  an  examining 
board,  which  shall  be  composed  of  one  captain  or  commander  in  the 
Navy,  designated  by  the  Secretary  of  the  Navy,  the  naval  constructor 
of  the  yard  where  such  vessel  may  be  ordered  for  repairs,  and  two  mas- 
ter workmen  of  said  yard,  or  one  master  workman  and  an  engineer  Of 
the  Navy,  according  to  the  nature  of  the  repairs  to  be  made.  Said  mas- 
ter workmen  and  engineer  shall  be  designated  by  the  head  of  the  Bureau 
of  Construction  and  Repair.  [See  Aug.  5,  188*2,  and  March  3,  1883. 
post.  ] 

21  Feb.,  1861,  s.  1,  v.  12,  p.  147. 

Sec.  1539.  Not  more  than  one  thousand  dollars  shall  be  expended  in    Kepairs  on  sails. 
repairs  on  the  sails  and  rigging  of  any  vessel,  until  the  necessity  and  and  rigging, 
expediency  of  such  repairs  and  the  estimated  cost  thereof  have  been 
ascertained  and  reported  to  the  Navy  Department  by  an  examining 
board,  which  shall  be  composed  of  one  naval  officer,  designated  by  the 
Secretary  of  the  Nav^y,  and  the  master  rigger  and  the  master  sail-maker 
of  the  yard  where  such  vessel  may  be  ordered.     [See  Aug.  5,  1882,  and 
March  3,  1883, post^ 
Idem. 

Sec.  1540.  The  President  may  direct  any  armed  vessel  of  the  United     Sale  of  vessel.*. 
States  to  be  sold  when,  in  his  opinion,  such  vessel  is  so  much  out  of  re-  uu  ti  t  to  be  re- 
pair that  it  will  not  be  for  the  interest  of  the  United  States  to  repair  her.    ''*"*'*^-  i 
[See  Aug.  5,  1882,  and  March  3,  1883,  post.] 

21  April,  1806,  s.  3,  v.  2,  p.  402. 
Note. — A  vessel  condemned  for  naval  purposes  cannot  be  exchanged  for 
another,  notwithstanding  the  change  might  be  of  advantage  to  the  public 
service.— Op.  XIV,  369. 

Sec.  1541.  The  Secretary  of  the  Navy  is  authorized  and  directed  to.  Sale  of  uuseiv. 
sell,  at  public  sale,  such  vessels  and  materials  of  the  United  States  Navy  amf  ^^^^f  T  Y^*-'^^ 
as,  in  his  judgment,  cannot  be  advantageously  used,  repaired,  or  fitted      *     ''  ^^^^ ^• 
out;  and  he  shall,  at  the  opening  of  each  session  of  Congress,  make  a 
full  report  to  Congress  of  all  vessels  and  materials  sold,  the  parties  buy- 
ing the  same,  and  the  amount  realized  therefrom,  together  with  such 
other  facts  as  may  be  necessary  to  a  full  understanding  of  his  acts.    [See 
Aug,  5,  1882,  and  March  3,  1883,  post.'] 

23  March,  1872,  s.  2,  v.  17,  p.  154. 

It  shall  also  be  the  duty  of  the  Secretary  of  the  Navy,  as  soon  as  may      5  au"-.,  1882. 
be  after  the  passage  of  this  act,  to  cause  to  be  examined  by  competent 


boards  of  officers  of  the  Navy,  to  be  designated  by  him  for  that  duty.    Examination- ot 

all  vessels  belonging  to  the  Navy  not  in  actual  service  at  sea,  and  ves-  "*      vessels. 

sels  at  sea  as  soon  as  practicable  after  they  shall  return  to  the  United 

States,  and  hereafter  all  vessels  on  their  return  from  foreign  stations, 

and  all  vessels  in  the  United  States  as  often  as  once  in  three  years, 

when  i)racticable ;  and  said  boards  shall  ascertain  and  report  to  the 

Secretary  of  the  Navy,  in  writing,  which  of  said  vessels  are  unfit  for 

further  service,  or,  if  the  same  are  unfinished  in  any  n^vy-yard,  those 

which  cannot  be  finished  without  great  and  disproportionate  expense, 

and  shall  in  such  report  state  fully  the  grounds  and  reasons  for  their 


^6  VESSELS    OF    THE    NAVY. 

opinion.  And  it  shall  be  the  duty  of  the  Secretary  of  the  Navy,  if  he 
shall  concur  in  opinion  with  said  report,  to  strike  the  name  of  such  ves- 
sel or  vessels  from  the  Navy  Register  and  report  the  same  to  Congress. 
5  Aug., 1882,  P.  E.L.,  p.  296.  [Naval  appropriation  act.]  [See  post.] 
o  March  1883.  ^*  shall  be  the  duty  of  the  Secretary  of  the  Navy  to  cause  to  be  ap- 
praised, in  such  manner  as  may  seem  best,  all  vessels  of  the  Navy  which 


Appraisement  of  have  been  stricken  from  the  Navy  Register  under  the  provisions  of  the 
Jronf Re^f'ter^^^  ^^'^  making  appropriations  for  the  naval  service  for  the  fiscal  year  end- 
™      o  8     •     ijjg  June  thirtieth,  eighteen  hundred  and  eighty-three,  and  for  other 
purposes,  approved  August  fifth,  eighteen  hundred  and  eighty-two. 
And  if  the  said  Secretary  shall  deem  it  for  the  best  interest  of  the 
Saleof  such  ves- United  States  to  sell  any  such  vessel  or  vessels,  he  shall,  after  such  ap- 
"*^^s-  praisal,  advertise  for  sealed  proposals  for  the  purchase  of  the  same,  for 

a  period  not  less  than  three  months,  in  such  newspapers  as  other  naval 
advertisements  are  published,  setting  forth  the  name  and  location  and 
the  appraised  value  of  such  vessel,  and  that  the  same  will  be  sold,  for 
cash,  to  the  person  or  persons  or  corporation  or  corporations  offering 
the  highest  price  therefor  above  the  appraised  value  thereof;  and  such 
proposals  shall  be  opened  on  a  day  and  hour  and  at  a  place  named  in 
said  advertisement,  and  record  thereof  shall  be  made.  The  Secretary 
llequirements  of  the  Navy  shall  require  to  accompany  each  bid  or  proposal  a  deposit 
tiroui  bidders.  jjj  ^.^gj^  of  not  less  than  ten  per  centum  of  the  amount  of  tbe  offer  or 
proposal,  and  also  a  bond,  with  two  or  more  sureties  to  be  approved 
by  him,  conditioned  for  the  payment  of  the  remaining  ninety  per  centum 
of  the  amount  of  such  offer  or  proposal  within  the  time  fixed  in  the 
advertisement.  And  in  case  default  is  made  in  the  payment  of  the  re- 
maining ninety  per  centum,  or  any  part  thereof,  the  Secretary,  within 
the  prescribed  time  thereof,  shall  advertise  and  resell  said  vessel  under 
the  provisions  of  this  act.  And  in  that  event  said  cash  deposit  of  ten 
per  centum  shall  be  considered  as  forfeited  to  the  government,  and 
shall  be  applied,  first,  to  the  payment  of  all  costs  and  expenditures  at- 
tending the  advertisement  and  resale  of  said  vessel ;  second,  to  the  pay- 
ment of  the  difference,  if  any,  between  the  first  and  last  sale  of  said 
vessel ;  and  the  balance,  if  any,  shall  be  covered  into  the  Treasury : 
Provided,  hoivevei-,  That  nothing  herein  contained  shall  be  construed  to 
prevent  a  suit  upon  said  bond  for  breach  of  any  of  its  conditions.  Any 
When  to  be  de-  yessel  sold  under  the  foregoing  provisions  shall  be  delivered  to  the  pur- 
<?ha8er  ^^^  chaser  upon  the  full  payment  to  the  Secretary  of  the  Navy  of  the 
amount  of  such  proposal  or  offer ;  and  the  net  proceeds  of  such  sale 
shall  be  covered  into  the  Treasury.  But  no  vessel  of  the  Navy  shall 
hereafter  be  sold  in  any  other  manner  than  herein  provided,  or  for  less 
than  such  appraised  value,  unless  the  President  of  the  United  States 
-a^ued  vessels"  shall  otherwise  direct  in  writing.  In  case  any  vessel  now  in  process  of 
construction  in  any  navy  yard  has  been  or  shall  be  found  to  be  unworthy 
of  being  completed,  and  has  been  and  shall  be  condemned  under  the 
provisions  of  said  act,  and  cannot  properly  be  sold,  and  it  becomes 
necessary  to  remove  the  same,  the  cost  of  such  removal  shall  be  paid 
out  of  the  net  proceeds  derived  from  the  sale  of  other  vessels  hereby 
authorized  to  be  sold. 

3  March,  1883.  s.  5,  P.  E.  L.,  p.  599.     [Deficiency  act.] 
3  March,  1883.       That  no  part  of  this  sum  [appropriation  for  preservation  of  vessels, 

— :; : — : — —  &c.]  shall  be  applied  to  the  repairs  of  any  wooden  ship  when  the  esti- 

llestnc^on^on  m^^g^j^  ^ost  of  such  repairs,  to  be  appraised  by  a  competent  board  of 
■vessels*!  naval  officers,  shall  exceed  twenty  per  centum  of  the  estimated  cost, 

appraised  in  like  manner,  of  a  new  ship  of  the  same  size  and  like 
material :  Provided  further,  That  nothing  herein  contained  shall  deprive 
the  Secretary  of  the  Navy  of  the  authority  to  order  repairs  of  ships 
damaged  in  foreign  waters  or  on  the  high  seas,  so  far  as  may  be  neces- 
sary to  bring  them  home. 

3  March,  18rJ3,  P.  E.  L.,  p.  476.     [Naval  appropriation  act.] 
3  March  1883.       That  no  part  of  said  sum  [appropriation  for  repairs  of  machinery, 

' &c.  ]  shall  be  applied  to  the  repair  of  engiues  and  machinery  of  wooden 

Restriction  on  ships  where  the  estimated  costs  of  such  repair  shall  exceed  twenty  per 

£mer'&c      ^^' centum  of  the  estimated  cost  of  new  engines  and  machinery  of  the 

'      '  same  character  and  power,  but  nothing  herein  contained  shall  prevent 

the  repair  or  building  of  boilers  for  wooden  ships,  the  hulls  of  which 

can  be  fully  repaired  for  twenty  per  centum  of  the  estimated  cost  of  a 

new  ship  of  the  same  size  and  material. 

3  March,  1883,  P.  E.  L.,  p.  477. 


VESSELS    OF   THE   NAVY.  97 

Sec.  1552.  The  Secretary  of  the  Navy  may  establish,  at  such  places  Title  15.  Chap.  7. 

as  he  may  deem  necessary,  suitable  depots  of  coal,  and  other  fuel,  for  — :; — — — 

the  supply  of  steamships  of  war.  i^oai-aepota. 

31  Aug.,  1842,  8. 7,  V.  5,  p.  577. 

Sec.  4293.  The  President  is  authorized  to  employ  so  many  of  the  pub-  Title  48,  Ghap.S. 
lie  armed  vessels  as  in  his  judgment  the  service  may  require,  with  suit-    p^^^j.^  vessels 
able  instructions  to  the  commanders  thereol"^  in  protecting  the  merchant-  to    suppress  pi- 
vessels  of  the  United  States  and  their  crews  from  piratical  aggressions  racy, 
and  depredations.     [See  Piracy,  Slave  Trade,  &c.,  Part  IV.] 

3  March,  1819,  s.  1,  v.  3,  p.  510.         30  Jan.,  1823,  v.  3,  p.  721. 
Sec.  4686.  The  President  is  authorized,  for  any  of  the  purposes  of  sur-        Title  56. 
veying  the  coast  of  the  United  States,  to  cause  to  be  employed  such  of    Power  to  em- 
the  public  vessels  in  actual  service  as  he  deems  it  expedient  to  employ,  ploy  vessels, 
and  to  give  such  instructions  for  regulating  their  conduct  as  he  deems 
proper,  according  to  the  tenor  of  this  Title.     [Coast  Survey.] 

10  Feby-,  1807,  s.  3,  v.  2,  p.  414,        14  April,  1818,  s.  1,  v.  3,  p.  425. 
Notes. — ^In  naval  "parlance,"  "cruise"  means  the  whole  period  between  the 
time  when  a  vessel  goes  to  sea  and  when  she  returns  to  the  place  where  her 
crew  is  paid  off  and  she  is  put  out  of  commission. — Op.  IX,  375,  July  27,  1859, 
Black. 

Government  vessels  are  not  required  to  employ  and  pay  branch  pilots  upon 
entering  the  ports  and  harbors  of  the  United  States.  The  exemption  extends 
to  all  public  vessels  whether  armed  or  not.— Op.  IV,  532,  Sept.  9,  1846,  Mason. 

The  penalties  imposed  by  State  laws  for  piloting  vessels  without  due  license 
from  the  State,  have  no  application  to  persons  employed  as  pilots  on  board  pub- 
lic vessels  of  the  United  States,  the  latter  vessels  being  within  the  exclusive 
jurisdiction  of  the  United  States.— Op.  XVI,  647,  Oct,  22,  1879. 

The  term  "public  vessels"  does  not  apply  to  vessels  of  the  Navy  alone. 
Within  the  meaning  of  the  inspection  and  navigation  laws  public  vessels  are 
those  owned  by  the  United  States,  and  those  used  by  them  for  public  purposes. 
Those  laws  warrant  no  distinction  between  public  vessels  under  the  control  of 
the  Navy  Department  and  public  vessels  under  the  control  of  any  other  depart- 
ment of  the  Government.  Unlicensed  pilots  and  engineers  can  be  lawfully  em- 
ployed on  them  —Op.  XIII,  p.  249,  Hoar,  June  1,  1870. 


MARINE   SCHOOLS. 


« 


The  Secretary  of  the  Navy,  to  promote  nautical  education,  is  hereby    20  June,  1874. 

authorized  and' empowered  to  furnish,  upon  the  application  in  writing '- '-^ 

of  the  Governor  of  the  State,  a  suitable  vessel  of  the  Navy,  with  all  Secretary  of  the 
her  apparel,  charts,  books,  and  instruments  of  navigation,  provided  the  nisb'^vess^s  for 
same  can  be  spared  without  detriment  to  the  naval  service,  to  be  used  marine  schools, 
for  the  benefit  of  any  nautical  school,  or  school  or  college  having  a 
nautical  branch,  established  at  each  or  any  of  the  ports  of  New  York, 
Boston,  Philadelphia,  Baltimore,  Norfolk,  San   Francisco,  Wilmington, 
Charleston,  Savannah,  Mobile,  New  Orleans,  Baton  Rouge,  Galveston,  and     Qq^^^^^q^^ 
in  Narragansett  Bay,  upon  the  condition  that  there  shall  be  maintained, 
at  such  port,  a  school  or  branch  of  a  school  for  the  instruction  of  youths 
in  navigation,  seamanship,  marine  enginery  and  all  matters  pertaining  ^ 

to  the  proper  construction,  equipment  and  sailing  of  vessels  or  any  par- 
ticular branch  thereof:  And  the  President  of  the  United  States  is  hereby 
authorized,  when  in  his  opinion  the  same  can  be  done  without  detriment 
to  the  public  service,  to  detail  proper  officers  of  the  Navy  as  superintend-     Detail   of  offi- 
ents  of,  or  instructors  in,  such  schools :  Provided,  That  if  any  such  school  cers. 
shall  be  discontinued,  or  the  good  of  the  naval  service  shall  require, 
such  vessels  shall  be  immediately  restored  to  the  Secretary  of  the  Navy,     Restoration  of 
and  the  officers  so  detailed  recalled:  And  provided  further,  That  no  vessels, 
person  shall  be  sentenced  to,  or  received  at,  such  schools  as  a  punish-  penal  pur^^ses*^ 
ment  or  commutation  of  punishment  for  crime.  P  rp      s. 

20  June,  1874,  v,  18,  p,  121. 

3  March,  1881,  v.  21,  p.  505. 

QUARANTINE   HULKS. 

That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  authorized,  in    14  June,  1879. 

his  discretion,  at  the  request  of  the  National  Board  of  Health,  to  place  — ' 

gratuitously,  at  the  disposal  of  the  commissioners  of  quarantine,  or  for^^iaranUn  e 
the  proper  authorities  at  any  of  the  ports  of  the  United  States,  to  be  purposes, 
used  by  them  temporarily  for  quarantine  purposes,  such  vessels  or 
hulks  belonging  to  the  United  States  as  are  not  required  for  other  uses 
of  the  national  government,  subject  to  such  restrictions  and  regulations 
as  the  said  Secretary  may  deem  necessary  to  impose  for  the  preserva- 
tion thereof, 

14  June,  1879,  v.  21,  p.  50. 

11181 7 


98  VESSELS    OF   THE   NAVY. 

STEAM   CRUISERS— INCREASE   OP   NAVY. 

5  Aug.,  1882.  Any  portion  of  said  sum  not  required  for  the  purposes  aforesaid  may 
Two  steam  ^®  applied  toward  the  construction  of  two  steam  cruising  vessels  of 

cruisers,  of  steel-  war,  which  are  hereby  authorized,  at  a  total  cost,  when  fully  completed, 
not  to  exceed  the  amount  estimated  by  the  late  Naval  Advisory  Board 
for  such  vessels,  the  same  to  be  constructed  of  steel,  of  domestic  manu- 
facture, having  as  near  as  may  be  a  tensile  strength  of  not  less  than 
sixty  thousand  pounds  to  the  square  inch,  and  a  ductility  in  eight  inches 
of  not  less  than  twenty-five  per  centum ;  said  vessels  to  be  provided 
with  full  sail-power  and  full  steam-power.     One  of  said  vessels  shall  be 

Tonnage,  speed,  of  not  less  than  five  thousand  nor  more  than  six  thousand  tons  displace- 

armament.  ment,  and  shall  have  the  highest  attainable  speed,  and  shall  be  adapted 

to  be  armed  with  not  more  than  four  breech-loading  rifled  cannon,  of 
high  power,  of  not  less  than  eight-inch  caliber,  or  two  of  ten-inch  cali- 
ber, and  not  more  than  twenty  one  breech-loading  rifled  cannon,  of 
high  power,  of  not  less  than  six-inch  caliber ;  one  of  said  vessels  shall 
be  of  not  less  than  four  thousand  three  hundred  nor  more  than  four 
thousand  seven  hundred  tons  displacement,  and  shall  have  the  highest 
attainable  speed,  and  shall  be  adapted  to  be  armed  with  four  breech - 
loading  rifled  cannon,  of  high  power,  of  not  less  than  eight-inch  caliber, 
or  two  of  ten-inch  caliber,  and  not  more  than  fifteen  breech-loading 
rifled  cannon,  of  high  power,  of  not  less  than  six-inch  caliber.  The 
Secretary  of  the  Navy  is  hereby  empowered  and  directed  to  organize  a 
board  of  naval  officers  and  experts  for  his  advice  and  assistance,  to  be 
Naval   Advis-  called  the  "  Naval  Advisory  Board,"  to  serve  during  the  period  required 

cry  Board.  fQj.  ^l^Q  construction,  armament,  and  trial  of  the  vessels  hereby  author- 

ized to  be  constructed,  and  no  longer.  Said  board  shall  consist  of  five 
officers  on  the  active  list  of  the  Navy  in  the  line  and  the  stafi",  to  be  de- 
tailed by  the  Secretary  of  the  Navy,  without  reference  to  rank  and  with 
reference  only  to  character,  experience,  knowledge,  and  skill,  and  two 
persons  of  established  reputation  and  standing,  as  experts  in  naval  or 
*  marine  construction,  to  be  selected  from  civil  life,  and  employed  for 
this  sole  duty  by  the  Secretary  of  the  Navy,  and  to  be  paid  such  sum, 
Compeaisation.  out  of  the  appropriation  hereby  made,  not  exceeding  eleven  thousand 
Proviso.  dollars,  as  he  may  direct :  Provided  however,  That  no  person  shall  be  a 

member  of  said  board  who  has  any  interest,  direct  or  indirect,  in  any 
invention,  device,  or  process,  patented  or  otherwise,  to  be  used  in  the 
construction  of  said  vessels,  their  engines,  boilers,  or  armament,  nor  in 
Duties  and  any  contract  for  the  same.     It  shall  be  the  duty  of  said  board  to  advise 

powers  of  board,  and  assist  the  Secretary  of  the  Navy,  in  his  office  or  elsewhere,  in  all 
matters  referred  to  them  by  him  relative  to  the  designs,  models,  plans, 
specifications,  and  contracts  for  said  vessels  in  all  their  parts,  and  rela- 
tive to  the  materials  to  be  used  therein  and  to  the  construction  thereof, 
and  especially  relative  to  the  harmonious  adjustment,  respectively,  of 
their  hulls,  machinery,  and  armament ;  and  they  shall  examine  all 
materials  to  be  used  in  said  vessels,  and  inspect  the  work  on  the  same 
as  it  progresses,  and  have  general  supervision  thereof,  under  the  direc- 
tion of  said  Secretary.  But  said  board  shall  have  no  power  to  make  or 
enter  into  any  contract,  nor  to  direct  or  control  any  officer  of  the  Navy, 
the  chief  of  any  bureau  of  the  Navy,  or  any  contractor.  Neither  of  the 
vessels  hereby  authorized  to  be  built  shall  be  contracted  for  or  com- 
Drawings,  spe- menced  until   full  and  complete  detail   drawings  and  specitications 

cilications,  &c.  thereof,  in  all  its  parts,  including  the  hull,  engines,  and  boilers,  shall 
have  been  provided  or  adopted  by  the  Navy  Department,  and  shall  have 
been  approved,  in  writing,  by  said  board,  or  by  a  majority  of  the  mem- 
bers thereof,  and  by  the  Secretary  of  the  Navy ;  and  after  said  drawings 
and  specifications  have  been  provided,  adopted,  and  approved  as  afore- 
said, and  the  work  has  been  commenced  or  a  contract  made  for  it,  they 
Changes  or  al-  shall  not  be  changed  in  any  respect,  when  the  cost  of  such  change  shall 

terations.  jjj  the  construction  exceed  five  hundred  dollars,  except  upon  the  ap- 

proval of  said  board,  or  a  majority  of  the  members  thereof,  in  writing, 
and  upon  the  written  order  of  the  Secretary  of  the  Navy ;  and,  if  changes 
are  thus  made,  the  actual  cost  thereof  and  the  damage  caused  thereby 
shall  be  ascertained,  estimated,  and  determined  by  said  board ;  and  in 
any  contract  made  pursuant  to  this  act  it  shall  be  provided  in  the  terms 
thereof  that  the  contractor  shall  be  bound  by  the  determination  of  said 
board,  or  a  majority  thereof,  as  to  the  amount  of  the  increased  or  dimin- 
ished compensation  said  contractor  shall  be  entitled  to  receive,  if  any, 
in  consequence  of  such  change  or  changes.    The  Secretary  of  the  Navy 


VESSELS    OF    THE    NAVY.  99 

isliereby  authorized  to  cause  the  said  cruising  vessels  of  war  aforesaid     Deflective  steel 
to  be  provided  with  interior  deflective  steel  armor,  if  the  s.ame,  upon  armor, 
full  investigation,  shall  seem  to  be  practicable  and  desirable,  and  if  the 
same  shall  be  approved  by  said  board,  or  a  majority  thereof,  in  writing. 
Before  any  of  the  vessels  hereby  authorized  shall  be  contracted  for  or    Advertisement 
commenced  tlie  Secretary  of  the  Navy  shall,  by  proper  public  advertise-  ^^^  plans,  <fec. 
ment  and  notice,  invite  all  engineers  and  mechanics  of  established  repu- 
tation, and  all  reputable  manufacturers  of  vessels,  steam-engines,  boil- 
ers, and  ordnance,  having  or  controlling  regular  establishments,  and 
being  engaged  in  the  business,  all  officers  of  the  Navy,  and  especially  all 
naval  constructors,  steam-engineers,  and  ordnance  officers  of  the  Navy, 
having  plans,  models,  or  designs  of  any  vessels  of  the  classes  hereby 
authorized,  or  of  any  part  thereof,  within  any  given  period,  not  less  than 
sixty  days,  to  submit  the  same  to  said  board;  and  it  shall  be  the  duty     Board  to  report 
of  said  board  to  carefully  and  fully  examine  the  same  and  to  hear  any  °^  plaiis,  &c. 
proper  explanation  thereof,  and  to  report  to  the  Secretary  of  the  Navy, 
in  writing,  whether,  in  their  opinion,  any  such  plan,  model,  or  design, 
or  any  suggestion  therein,  is  worthy  of  adoption  in  the  construction  of 
said  vessels,  their  engines,  boilers,  or  armament ;  and  if  in  such  con- 
struction any  such  plan,  model,  design,  or  suggestion  shall  be  adopted, 
for  the  use  of  which  any  citizen  not  an  officer  of  the  Navy  would  have 
a  just  claim  for  compensatton,  the  contractor  shall  bind  himself  to  dis- 
charge the  Government  from  all  liability  on  account  of  such  adoption 
and  use  :  Provided,  That  said  Naval  Advisory  Board,  herein  provided  for         Proviso. 
shall,  under  the  direction  of  the  Secretary  of  the  Navy,  prepare  plans.     Further  duties 
drawings,  and  specifications  for  vessels,  their  machinery,  and  armament,  ^^  board, 
recommended  by  the  late  Naval  Advisory  Board  not  herein  authorized 
to  be  built. 


5  Aug.,  1882,  P.  E.  L.,  p.  291. 


3  March,  1883. 


For  the  construction  of  the  steel  cruiser  of  not  less  than  four  thousand 
three  hundred  tons  displacement  now  specially  authorized  by  law,  two     ^^^^.  cruisers 
steel  cruisers  of  not  more  than  three  thousand  nor  less  than  two  thou-  Joat. 
sand  live  hundred  tons  displacement  each,  and  one  dispatch  boat,  as 
recommended  by  the  Naval  Advisory  Board  in  its  report  of  December 
twentieth,  eighteen  hundred  and  eighty -two,  one  million  three  hundred 
thousand  dollars ;  and  for  the  construction  of  all  which  vessels,  except     Proposals  to  be 
their  armament,  the  Secretary  of  the  Navy  shall  invite  proposals  from  invited, 
all  American  ship-builders  whose  ship-yards  are  fully  equipped  for 
building  or  repairing  iron  or  steel  steamships,  aud  constructors  of  ma-     cost. 
rine  engines,  machinery,  and  boilers;  and  the  Secretary  of  the  Navy  is 
authorized  to  construct  said  vessels  and  procure  their  armament  at  a 
total  cost  for  each  not  exceeding  the  amounts  estimated  by  the  Naval 
Advisory  Board  in  said  report,  and  in  the  event  that  such  vessels  or  any     Contracts, 
of  them  shall.be  built  by  contract,  such  building  shall  be  under  con- 
tracts with  the  lowest  and  best  responsible  bidder  or  bidders,  made 
after  at  least  sixty  days'  advertisement,  published  in  five  of  the  leading 
newspapers  of  the  United  States,  inviting  proposals  for  constructing 
said  vessels,  subject  to  all  such  rules,  regulations,  superintendence,  and 
provisions  as  to  bonds  and  security  for  the  due  completion  of  the  work 
as  the  Secretary  of  the  Navy  shall  prescribe  ;  and  no  such  vessel  shall 
be  accepted  unless  completed  in  strict  conformity  with  the  contract, 
with  the  advice  and  assistance  of  the  Naval  Advisory  Board,  and  in  all     Assistance    of 
respects  in  accordance  with  the  provisions  of  the  act  of  August  fifth,  gorvBoaid 
eighteen  hundred  and  eighty-two,  except  as  they  are  hereby  modified ; 
and  the  authority  to  construct  the  same  shall  take  effect  at  once;  and 
the  Secretary  of  the  Navy  may,  in  addition  to  the  appropriation  hereby 
made,  apply  to  the  ccmstructing  and  finishing  of  the  vessels  in  this 
clause  referred  to  any  balance  of  the  appropriation  made  to  the  Bureaus 
of  Construction  and  Repair  and  Steam-Engineering  for  the  current  fiscal 
year  or  in  the  present  act  Avhich  may  remain  available  for  that  purpose :     ^    , 
Provided,  That  he  shall  utilize  the  national  navy -yards,  with  the  ma- ^tJh^ed. 
chinery,  tools,  and  appliances  belonging  to  the  government  there  in  use 
in  the  building  of  said  ships,  or  any  parts  thereof,  as  fully  and  to  as  great 
an  extent  as  the  same  can  be  done  with  advantage  to  the  government. 

The  services  and  expenses  of  the  two  civilian  expert  members  of  the  Civilian  experts. 
Naval  Advisory  Board  may  be  paid  from  the  appropriations  for  the  in- 
crease of  the  Navy,  not  exceeding  eleven  thousand  dollars. 

For  investigating  and  testing  the  practicability  of  deflective  turrets     Deflective  tur 
designed  by  Passed  Assistant  Engineer  N.  B.  Clark,  twenty  thousand  ^®*^- 


100  VESSELS    OF   THE    NAVY. 

* 
dollars,  to  be  available  immediately,  the  investigation  and  test  to  be 
made  by  the  Naval  Advisory  Board. 

3  March,  1883,  P.  E.  L.,  p.  477. 

DOUBLE-TURRETED  MONITORS. 

>Tig-»l882.  That  four  hundred  thousand  dollars  of  the  above  amount  [Repairs, 
"Turrets  for  Mi-  *^*^"  Djachinery,  &c.],  or  so  much  thereof  as  may  be  necessary,  shall  be 
antouomoh.  applied  by  the  Secretary  of  the  Navy  to  the  following  objects,  namely : 

Under  the  Bureau  of  Construction  and  Repair:  To  building  and  fitting 
the  turrets  and  pilot-house  of  the  iron-clad  steamer  Miantonomoh  ;  and 
Launching    of  to  the  launching  to  the  best  advantage,  with  such  necessary  attachments 
double-turreted  and  appliances  as  will  render  redocking  of  the  ships  unnecessary,  of  the 
monitors.  iron-clad  steamers  Monadnock,  Puritan,  Amphitrite,  and  Terror ;  and 

that  no  further  steps  shall  be  taken  or  contracts  entered  into  or  approved 
for  the  repairs  or  completion  of  any  of  the  four  iron-clads  aforesaid  until 
the  further  order  of  Congress ;  and  the  Naval  Advisory  Board,  created 
by  this  act,  is  directed  to  report  to  the  Secretary  of  the  Navy  in  detail 
by  the  first  day  of  December,  eighteen  hundred  and  eighty- two,  as  to 
the  wisdom  and  expediency  of  undertaking  and  completing  the  engines, 
armor,  and  armaments  of  said  iron-clads,  and  whether  any  changes  in 
the  original  plan  or  plans  should  be  made,  together  with  the  cost  of  the 
completion  of  each  according  to  the  plans  recommended,  if  the  comple- 
tion of  any  of  them  is  recommended  ;  and  the  said  Secretary  shall  trans- 
Report  to  Con-  mit  said  report  to  Congress  at  its  next  session  with  his  recommendation 
S^®^^'  thereon,  and  that  any  part  of  the  api)ropriatiou  for  said  Bureau  not  used 

as  above  specified  may  be  applied  toward  the  construction  of  engines 
and  machinery  of  the  two  new  cruising  vessels  provided  for  in  this  act. 

5  Aug.,  1882,  p.  E.  L.,  p.  293. 
3  March,  1883.       To  be  applied  by  the  Secretary  of  the  Navy  under  the  appropriate 
ADDronriation  B^^^^^"^  •  ^  or  engines  and  machinery  for  the  double-turreted  iron-clads, 
■  in  accordance  with  the  recommendations  of  the  Naval  Advisory  Board, 
one  million  dollars. 
Contracts,  &c.       The  execution  of  no  contract  shall  be  entered  upon  for  the  completion 
of  the  engines  and  machinery  of  either  of  these  vessels  until  the  terms 
thereof  shall  be  approved  by  said  Board,  who  shall  approve  only  con- 
tracts which  may  be  to  the  best  iidvantageof  the  Government,  and  fair 
and  reasonable,  according  to  the  lowest  market  price  for  similar  work. 
And  the  Secretary  of  the  Navy  shall  take  possession  of  the  double-tur- 
reted iron-clads,  and  if  he  thinks  best,  remove  the  same  to  the  Govern- 
ment navy-yards;  and  he  shall  ascertain  the  amounts  which  ought  to 
be  paid  to  the  contractors  severally  for  the  use  and  occupation  of  their 
yards  with  said  ships,  and  for  the  care  thereof,  and  report  the  same, 
with  all  the  facts  connected  therewith,  to  Congress. 
3  March,  1883,  P.  E.  L.,  p.  477. 


REPORT  OF  ACCIDENTS,    ETC. 


June,  1874. 


*     *     "whenever  any  vessel  of  the  United  States  has  sustained 
Report  of  acci-  or  caused  any  accident  involving  the  loss  of  life,  the  material  loss  of 
dents,    (fee,     to  property,  or  any  serious  injury  to  any  person,  or  has  received  any  ma- 
vesse  8.  terial  damage  affecting  her  seaworthiness  or  her  efficiency,  the  manag- 

ing owner,  agent,  or  master  of  such  vessel,  shall  within  five  days  after 
the  haj)pening  of  such  accident  or  damage,  or  as  soon  thereafter  as  pos- 
sible, send,  by  letter  to  the  collector  of  customs  of  the  district  wherein 
such  vessel  belongs  or  of  that  within  which  such  accident  or  damage 
occurred,  a  report  thereof,  signed  by  such  owner,  agent,  or  master, 
stating  the  name  and  official  number  (if  any)  of  the  vessel,  the  port  to 
which  she  belongs,  the  place  where  she  was,  the  nature  and  probable 
occasion  of  the  casualty,  the  number  and  names  of  those  lost,  and  the 
estimated  amount  of  loss  or  damage  to  the  vessel  or  cargo  ;  and  shall 
furnish,  upon  the  request  of  either  of  such  collectors  of  customs,  such 
other  information  concerning  the  vessel,  her  cargo,  and  the  casualty  as 
may  be  called  for ;  and  if  he  neglect  or  refuse  to  comply  with  the  fore- 
going requirements  after  a  reasonable  time,  he  shall  incur  a  penalty  of 
one  hundred  dollars."     *     *     * 

20  June,  1874,  s.  10,  v.  18,  p.  128. 

Note. — The  abdve  act  is  regarded  as  applying  to  vessels  of  the  Navy,  and  a 
report  should  be  made  as  indicated,  in  case  of  loss  or  accident,  to  the  collector, 
from  whom  the  necessary  blanks  can  be  procured. 


VOLUNTEER    SERVICE.  101 

VOLUNTEER   SERVICE. 


Sec. 

1411.  Acting  assistant  surgeons. 

1412.  Credit  for  volunteer  service. 
1559.  Pay  of  volunteer  service. 

1600.  Credit  to  marine  officers  for  volunteer  serv- 
ice. 


Sec. 

Acting  assistant  surgeons  allcvred  only  in 

case  of  war 

Credit  for  continuous  service. 


L 


Sec.  1411.  The  Secretary  of  the  Navy  may  appoint,  for  temporary  Title  15,  Chap.  1. 
service,  such  acting  assistant  surgeons  as  the  exigencies  of  the  service     ^cti^g  assist- 
may  require,  who  shall  receive  the  compensation  of  assistant  surgeons,  ant  surgeons 
[ See i?o««,  15  Feb.,  1879.] 

15  July,  1870,  8. 13,  v.  16,  p.  334.  3  March,  1865,  s.  6,  v.  13,  p.  539. 

Sec.  1412.  Officers  who  have  been,  or  may  be,  transferred  from  the     Credit  for  vol- 
volunteer  service  to  the  Regular  Navy  shall  be  credited  with  the  sea  nnteer  sea-serv- 
service  performed  by  them  as  volunteer  officers,  and  shall  receive  all^*'®- 
the  benefits  of  such  duty  in  the  same  manner  as  if  they  had  been,  dur- 
ing such  service,  in  the  Regular  Navy.     [See  Aug.  5,  lcf82  and  March 
3,  1883,  i>08*."] 

2  March,  1867,  s.  3,  v.  14,  p.  516. 

Sec.  iri59.  When  a  volunteer  naval  service  is  authorized  by  law,  the  Title  15,  Chap.  8. 
officers  therein  shall  be  entitled  to  receive  the  same  pay  as  officers  of  the     p  ,     ~~ 

same  grades,  respectively,  in  the  Regular  Navy.  service. 

16  July,  1862,  s.  20,  v.  12,  p.  587. 

Sec.  1600.  All  marine  officers  shall  be  credited  with  the  length  of  time  Title  15,  Chap.  ». 

they  may  have  been  employed  as  officers  or  enlisted  men  in  the  volun-     ^_,.,   . 

•'         •'.  /«.T.     TT    -J.    J  CI  J.  J.  Credit  to  ma- 

teer  service  of  the  United  States.  rine  officers. 

2  March,  1867,  s.  3,  v.  14,  p.  516. 

That  from  and  after  the  passage  of  this  act,  the  Secretary  of  the  Navy     15  Feb.,  1879. 

shall  not  appoint  acting  assistant  surgeons  for  temporary  service,  as     Actin"'  assist^ 

authorized  by  section  fourteen  hundred  and  eleven,  Revised  Statutes,  antsurgeonsonly 

except  in  case  of  war.  in  time  of  war. 

15  Feb.,  1879,  s.  2,  v.  20,  p.  292. 

[An  act  approved  15  Feb.,  1879,  v.  20,  p.  294,  abolished  the  volunteer 
Navy  of  the  United  States;  providing  for  the  transfer  of  some  of  them 
to  the  Regular  Navy.  Mates  were  not  considered  as  coming  within  its 
provisions.  ] 

And  all  officers   of  the  Navy  shall  be   credited  with  the   actual    3  March,  1883. 
time  they  may  have  served  as  officers  or  enlisted  men  in  the  regular     Credit  for  serv- 
or  volunteer  Army  or  Navy,  or  both,  and  shall  receive  all  the   ben-  ice  in  voluiteer 
efits  of  such  actual  service  in  all  respects  in  the  same  manner  as  if  all  Army  or  Navy, 
said  service  had  been  continuous  and  in  the  Regular  Navy  in  the  lowest 
grade  having  graduated  pay  held  by  such  officer  since  last  entering  the 
service;  Provided,  That  nothing  in  this  clause  shall  be  so  construed  as 
to  authorize  any  change  in  the  dates  of  commission  or  in  the  relative 
rank  of  such  officers:  Provided  further,  That  nothing  herein  contained 
shall  be  so  construed  as  to  give  any  additional  pay  to  any  such  officer 
duriug  the  time  of  his  service  in  the  volunteer  army  or  navy. 

5  Aug.,  1882,  p.  E.  L.,  p.  287.        3  March,  1883,  P.  E.  L.,  p.  473. 

Notes. — Credit  for  volunteer  service  under  section  1412  of  the  Revised  Stat- 
utes "  as  an  acting  third  assistant  engineer,  is  of  no  benefit  to  the  officer,  so  far 
as  regards  promotion  to,  or  pay  in,  the  grade  of  passed  assistant  engineer  in  the 
regular  Navy ;"  cannot  be  used  to  make  up  the  period  of  sea  service  required 
for  promotion  from  the  grade  of  second  or  assistant  engineer  to  that  of  first  or 
passed  assistant. — Op.,  June,  1882.    "Webster's  case. 

This  provision  (Sec.  1412)  was  designed  to  give  the  transferred  officers  tlie  free 
benefit  of  their  former  sea  service,  in  so  far  as  it  might  go  to  complete  the  period 
of  such  service  required  in  their  respective  grades  previous  to  examination  for 
promotion,  and  in  so  far  as  it  ought  properly  to  be  taken  into  account  in  the 
matter  of  assignment  to  duty,  audit  confers  no  advantages  be>ond  these.  A 
volunteer  officer  transferred  to  the  regular  Navy  is  not  entitled  to  hold  a  com- 
mission dated  as  of  the  date  of  his  volunteer  commission,  but  he  must  take  his 
place  upon  the  register  according  to  the  rank  given  him  by  his  commission  as 
an  officer  of  the  regular  Navy.— Op.  XIV,  191,  358,  and  August  11,  1881.— 
Gen.  order,  275. 

To  entitle  an  officer  to  credit  for  sea  service,  under  the  act  of  March  2,  1867, 
he  must  have  been  in  the  volunteer  Navy  at  the  time  of  his  appointment  to  the 
regular  Navy.  Where  he  ceased  to  be  an  officer  in  the  volunteer  Navy  prior  to 
such  appointment,  however  brief  the  interval,  he  does  not  come  within  the  pro- 
visions referred  to.— Op.  XIV,  142,  November  20,  1872.    Gray's  case. 

The  act  of  3  March,  1883,  supra,  may  have  changed  the  eflect  of  some  of  the 
foregoing  opinions. 


102 


WARRANT   OFFICERS. 


WAREANT  OFFICERS. 


Sec. 

1405.  Number  and  appointment  of. 

1406.  Title. 

1407.  Promotion  of  seamen  to  warrant  officers. 
1409.  Not  to  discharge  from  enlistment. 

1416.  Gunners  as  keepers  of  magazines. 


Sec. 

1417.  Preference  to  enlisted  boys. 

1438.  As  naval  store-keepers. 

1439.  Bonds  as  store-keepers. 
1491.  Rank. 

1556.  Pay. 


Title  15,  Chap.  1 .  Sec.  1405.  The  President  may  appoint  for  tlie  vessels  in  actual  service, 
Number  and  ^^  many  boatswains,  gunners,  sailmakers,  and  carpenters  as  may,  in  his 
appointment  of   opinion,  be  necessary  and  proper. 

21  April,  1806,  s.  3,  v.  2,  p.  390. 

4  Aug..  1842,  s.  1,  V.  5,  p.  500. 

3  March,  1847,  s.  1,  v.  9,  p.  172. 

Title.  Sec.  140(>.  Boatswains,  gunners,  carpenters,  and  sailmakers  stall  be 

known  and  shall  be  entered  upon  the  Naval  Register  as  ''warrant  offi- 
cers in  the  naval  service  of  the  United  States." 
2  July,  1864,  s.  2,  v.  13,  p.  373. 
Promotion    o  f     Sec.  1407.  Seamen  distinguishing  themselves  in  battle,  or  by  extraor- 
rant^ officers ^^^  dinary  heroism  in  the  line  of  rheir  profession,  may  be  promoted  to  for- 
ward warrant  officers,  upon  the  recommendation  of  their  commanding 
officer,  approved  by  the  flag-officer  and  Secretary  of  the   Navy.     And 
upon  such  recommendation  they  shall  receive  a  gratuity  of  one  hundred 
dollars  and  a  medal  of  honor,  to  be  prepared  under  the  direction  of  the 
Navy  Department. 

17  May,  1864,  s.  3,  v.  13,  p.  79. 


Eating  not 
discharge. 


to     Sec.  1409.  The  rating  of  an  enlisted  man  as  a  mate,  or  his  appoint- 
ment as  a  warrant  officer,  shall  not  discharge  him  from  his  enlistment. 

17  May,  1864,  s.  3,  v.  13,  p.  79. 
3  March,  1865,  s.  3,  v.  13,  p.  539. 

a  8     Sec.  1416.  The  Secretary  of  the  Navy  is  authorized,  when  in  his 

keepers  of  mag-  opinion  the  public  interest  will  permit  it,  to  discontinue  the  office  or 

azmes.  employment  of    *    *     *    the  keeper  of  the  magazine  employed  at  any 

navy-yard,  and  to  require  the  duties  of  the  keeper  of  the  magazine  to  be 

performed  by  gunners. 

10  Aug.,  1846,  8. 1,  V.  9,  p.  98. 

Preference  in  Sec.  1417.  *  *  *  In  the  appointment  of  warrant  officers  in  the  naval 
appointment  t  o  service  of  the  United  States,  preference  shall  be  given  to  men  who  have 
nrentil^es  &c^^'  ^^^^  honorably  discharged  upon  the  expiration  of  an  enlistment  as  an 
apprentice  or  boy,  to  serve  during  minority,  and  re-enlisted  within  three 
months  after  such  discharge,  to  serve  during  a  term  of  three  or  more  years : 
Provided  furtlier,  That  nothing  in  this  act  shall  be  held  to  abrogate  the 
provisions  of  section  fourteen  hundred  and  seven  of  the  Revised  Stat- 
utes of  the  United  States. 

12  May.  1879,  v.  21,  p.  3. 
Title  15,  Chap.  2.      Sec.  1438.  The  Secretary  of  the  Navy  shall  order  a  suitable  coramis- 
Acting  as  store-  ^ioned  or  warrant  officer  of  the  Navy,  except  in  the  case  provided  in 


Gunners 


prentices, 


keepers. 


Bonds  of. 


Title  15,  Chap.  4 

Kank. 


section  fourteen  hundred  and  fourteen,  to  take  charge  of  the  naval 
stores  for  foreign  squadrons  at  each  of  the  foreign  stations  where  such 
stores  may  be  deposited,  and  where  a  store-keeper  may  be  necessary. 
[See  $  1414,  under  Naval  store-keepers.] 

17  June,  1844,  s.  1,  v.  5,  p.  700. 
3  March,  1847,  s.  3,  v.  9,  p.  172. 

Sec.  1439.  Every  officer  so  acting  as  store-keeper  on  a  foreign  station 
shall  be  required  to  give  a  bond,  in  such  amount  as  may  be  fixed  by  the 
Secretary  of  the  Navy,  for  the  faithful  performance  of  his  duty. 
17  June,  1844,  s.  1,  v.  5,  p.  700. 

Sec.  1491.  The  President  may,  if  he  shall  deem  it  conducive  to  the  in- 
terests of  the  service,  give  assimilated  rank  to  boatswains,  gunners, 
carpenters,  and  sailmakers,  as  follows:  After  five  years'  service,  to  rank 
with  ensigns,  and  after  ten  years'  service  to  rank  with  lieutenants  of  the 
junior  grade. 

2  July,  1864,  s.  1,  v.  13,  p.  373. 

3  March,  1883,  P.  E.  L.,  p.  472. 


WARRANT    OFFICERS.  103 

Sec.  1556.  *    *    *    Boatswains,  gunners,  carpenters,  and  sail-makers,  Title  15,  Ohap.  8. 

during  the  first  three  years  after  date  of  appointment,  when  at  sea,  one    p^^ 
thousand  two  hundred  dollars;  onshore  duty,  nine  hundred  dollars;  on 
leave,  or  waiting  orders,  seven  hundred  dollars ;  during  the  second  three 
years  after  such  date,  when  at  sea,  one  thousand  three  hundred  dollars ; 
on  shore  duty,  one  thousand  dollars ;  on  leave,  or  waiting  orders,  eight 
hundred  dollars ;  during  the  third  three  years  after  such  date,  when  at    • 
sea,  one  thousand  four  hundred  dollars ;  on  shore  duty,  one  thousand 
three  hundred  dollars;  on  leave,  or  waiting  orders,  nine  hundred  dol- 
lars; during  the  fourth  three  years  after  such  date,  when  at  sea,  one 
thousand  six  hundred  dollars ;  on  shore  duty,  one  thousand  three  hun- 
dred dollars;  on  leave,  or  waiting  orders,  one  thousand  dollars;  after 
twelve  years  from  such  date,  when  at  sea,  one  thousand  eight  hundred 
dollars;  on  shore  duty,  one  thousand  six  hundred  dollars;  on  leave,  or 
waiting  orders,  one  thousand  two  hundred  dollars, 
15  July,  1870,  s.  3,  v.  16,  p.  332. 


ADDENDA. 


APPOINTMENTS,  EBINSTATEMENT,  ETC. 

Notes. — Appointments  to  office  can  be  made  only  by  the  Executive  branch  of 
the  Government  in  the  manner  provided  by  the  Constitution  (Art.  II,  §2),  and 
not  by  Congressional  enactment.— C.  C,  XV,  151,  Wood's  case. 

It  is  necessary  that  the  President  should  nominate,  the  Senate  advise  and 
consent,  and  that,  in  pursuance  of  such  nomination  and  confirmation  the  ap- 

S ointment  should  actually  be  made.  The  nomination  and  confirmation  do  not 
ivest  the  President  of  the  power  to  withhold  the  appointment.— Op.  IV,  31.  218. 
The  appointment  of  a  commissioned  officer  is  not  perfected,  and  is  entirely 
within  the  power  of  the  President  nntil  the  commission  is  issued. — Op.  IX,  297 : 
XIII.  44;  XIV,  344,  C.  C.  v.,  97. 

When  a  commission  has  been  signed  by  the  President  the  appointment  is 
complete,  and  the  commission  is  complete  when  the  seal  of  the  United  States 
has  been  affixed.— 1  Cranch,  Curtis'  edition  377,  Marbury's  case. 

The  Senate  cannot  originate  an  appointment;  its  constitutional  action  is  con- 
fined to  a  simple  affirmation  or  rejection  of  the  nomination,  and  it  fails  when 
they  disagree.  May  suggest  limitations  or  conditions,  but  cannot  vary  the  nom- 
ination. No  appointment  can  be  made  except  on  the  President's  nomination 
agreed  to  without  qualification  or  alteration. — Op.  Ill,  189. 

When  a  person  appointed  to  an  office  refuses  to  accept  the  same,  the  successor 
is  nominated  in  the  place  of  the  person  who  has  declined,  and  not  in  place  of 
the  person  who  had  been  previously  in  office. — 1  Cranch,  Curtis'  edition,  377. 

The  President,  by  and  with  the  advice  and  consent  of  the  Senate,  may,  by  re- 
appointment and  commission,  restore  lost  rank,  including  seniority,  to  an  offi- 
cer of  the  Army  or  Navy.    Cases  cited.— Op.  VIII,  223  Cushing,  Dec".  10, 1856. 

In  the  same  way  he  can  correct  the  date  of  a  military  appointment,  or  an 
error  in  the  date  of  appointment,  or  an  in<advertence  to  nominate  an  officer  en- 
titled to  promotion  by  ten  years'  service. — Op.  Ill,  307 ;  VIII,  223. 

The  right  of  a  reinstated  officer  to  pay  during  the  time  he  was  out  of  the  serv- 
ice must  depend  upon  the  will  of  Congress,  as  expressed  in  the  act  authorizing 
his  reinstatement,  and  not  upon  the  date  of  his  commission. — C.  C,  XV,  41,  Kil- 
^urn's  case. 

Commissions  signed  by  his  predecessor  should  be  regarded  by  the  President 
as  conclusive  evidence  of  the  officers'  right  to  the  rank  and  authority  given 
''thereby.  While  their  commissions  stand  the  President  should  respect  them, 
and  in  making  promotions  by  seniority  have  regard  for  them.  If  wrong  has 
been  sustained.  Congress  can  remedy  it  by  a  special  relief  act  empowering  the 
President.— Op,  XVI,  583,  Devens,  Dec.  9, 1880. 

Where  an  act  directed  the  Secretary  of  War  to  amend  the  record  of  an  officer 
dismissed  by  court-martial,  so  that  he  should  appear  on  the  rolls  and  records  as 
if  he  had  been  continuously  in  the  service :  Held,  That  it  conferred  on  the  Presi- 
dent the  power  to  appoint  in  the  usual  way.  If  so  appointed  the  commission 
should  refer  to  the  act,  in  a  proper  manner,  under  which  the  appointment  was 
made,  by  nomination  and  confirmation  of  the  Senate. — On.  XIV,  448,  Williams, 
Aug.  13, 1874;  but  see  Court  of  Claims,  XIV,  573;  XV,  22.  * 

Congress  as  a  general  rule,  has  authorized  the  President  to  restore  officers  to 
the  retired  list  without  requiring  the  advice  and  consent  of  the  Seuate.  Where 
they  have  been  reinstated  to  form  a  part  of  the  active  force  of  the  Army,  a  dif- 
ferent phraseology  has  been  employed — requiring  the  advice  and  consent  of  the 
Senate.  An  officer  dismissed  by  sentence  of  a  court-martial  cannot,  under  sec- 
tion 1228  R.  S.,  be  reinstated  except  by  reappointment,  confirmed  by  the  Senate. 
This  is  a  clear  recognition  that  restoration  of  officers  separated  from  the  serv- 
ice under  other  circumstances,  can  be  accomplished  without  confirmation  of  the 
Senate.  The  words  "inferior  officers"  used  in  the  Constitution,  mean  subordi- 
nate or  inferior  oiticers  in  whom,  respectively,  the  power  of  appointment  may  be 
invested  by  Congress  in  the  President,  the  courts  of  law,  and  the  head's  of 
Departments.— C  C,  XIV,  573,  Collin's  case. 

When  the  President  is  authorized  by  law  to  reinstate  a  discharged  Army  offi- 
cer, he  may  do  so  without  the  advice  and  consent  of  the  Senate.  When  he  exer- 
cises the  discretion  vested  in  him  by  an  act  of  Congress,  of  reinstating  an  offi- 
cer, and  expresses  his  will  by  an  order  to  that  eflfect,  the  officer  acquires  a  vested 
right  to  the  office.  By  antedating  an  appointment  or  commission,  he  cannot 
create  a  liability  on  the  part  of  the  Government,  but  the  legislative  branch 
of  the  Government  can.— C.  C,  XV,  22,  Collins  case. 

Where  an  officer  was  of  lawful  age  when  nominated  but  was  over  age  when 
confirmed,  his  commission  can  be  issued  to  him.  The  Senate  could  have  aixested 
it.— Op.  X,  308,  Bates,  July  1, 1862. 

[See  also  under  Civil  Service,  Part  HE.  J 


104 


P^RT   II. 


THE  MARINE  CORPS. 


ORGANIZATION,  ETC.,  RETIREMENT,  PAY  AND  RATIONS,  MILEAGE  AND 
TRANSPORTATION,  FORAGE,  FUEL,  AND  QUARTERS. 


105 


MARINE   CORPS 


OEGANIZATION,  &0. 


Sec. 

1605.  Advancement  in  number. 

1606.  Promotion  when  grade  is  full. 

1607.  Promotion  for  gallantry. 

1608.  Enlistments. 

1609.  Oath. 

1610.  Exemption  from  arrest. 

1611.  Companies  and  detachments. 
1616.  Services  on  armed  vessels. 

Marine  officers  not  to  command  navy-yarda 

or  vessels. 
Marines  substituted  for  landsmen. 
Duty  on  shore. 

1620.  Regulations. 

1621.  Subject  to  laws  governing  the  ]Si  avy,  except 

wht^n  serving  with  the  Army. 

Post-traders. 

1624.  Desertion  by  resignation. 


1617. 


1618, 
1619, 


Seo. 

1135.  Camp   equipage   of    detachments   serving 

with  the  Army. 
1143.  Rations  to  detachments  serving  with  Army. 
1342.  Association  with  Army  on  courts-martial. 
1342.  Command  when  different  corps  join. 
1421.  Transfer  of  enlisted  men  from  Army. 

1596.  Number  of. 

1597.  What  commissions  and  promotions  not  af- 

fected by  number  fiied. 

1598.  Staff. 

1599.  Qualifications  for  appointment. 

1600.  Credit  for  volunteer  service. 

1601.  Rank  of  commandant. 

1602.  Staff  rank. 

1603.  Relative  rank  with  the  Army.  * 
Judge-Advocate-General. 

1604.  Brevets.     [1209-11-12-64,  Army.] 

Sec.  1135.  The  officers  of  the  Quartermaster's  Department  shall,  upon  Title  14,  Chap.  1. 
the  requisition  of  the  naval  or  marine  officer  commanding  any  detach-     supplies  to 
ment  of  seamen  or  marines  under  orders  to  act  on  shore,  in  co-operation  naval  and  marine 
with  land  troops,  and  during  the  time  such  detachment  is  so  acting  or  detachments, 
proceeding  to  act,  furnish  the  officers  and  seamen  with  camp  equipage, 
together  with  transportation  for  said  officers,  seamen,  and  marines, 
their  baggage,  provisions,  and  cannon,  and  shall  furnish  the  naval  offi- 
cer commanding  any  such  detachment,  and  his  necessary  aids,  with 
horses,  accouterments,  and  forage. 

15  Dec,  1814,  ss.  1,  2,  v.  3,  p.  151. 

Sec.  1143.  The  officers  of  the  Subsistence  Department  shall,  upon  the    Rations  to  de- 
requisition of  the  naval  or  marine  officer  commanding  any  detachment  tachments   with 
of  seamen  or  marines  under  orders  to  act  on  shore,  in  co-operation  with       -^.rmy. 
the  land  troops,  and  during  the  time  such  detachment  is  so  acting  or 
proceeding  to  act,  furnish  rations  to  the  officers,  seamen,  and  marines 
of  the  same. 

15  Dec,  1814,  s.  1,  v.  3,  p.  151. 

Sec.  1342.  Art.  of  War  78.  Officers  of  the  Marine  Corps,  detached  Title  14,  Chap.  5. 

for  service  with  the  Army  by  order  of  the  President,  may  be  associated  -zz — : ~ 

with  officers  of  the  Regular  Army  on  courts-martial  for  the  trial  of  Regular  ^Ar^my 
offenders  belonging  to  the  Regular  Army,  or  to  forces  of  the  Marine  officers  assooi- 
Corps  so  detached;  and  in  such  cases  the  orders  of  the  senior  officer  of  ated  on  courts, 
either  corps,  who  may  be  present  and  duly  authorized,  shall  be  obeyed. 

30  June,  1834,  8. 2,  v.  4,  p.  713. 

Sec.  1342.  Art.  of  War  122.  If,  upon  marches,  guards,  or  in  quarters.    Command  when 
different  corps  of  the  Army  happen  to  join  or  do  duty  together,  the  offi-  different  corps 
cer  highest  in  rank  of  the  line  of  the  Army,  Marine  Corps,  or  Militia,  happen  to  join, 
by  commission,  there  on  duty  or  in  quarters,  shall  command  the  whole, 
and  give  orders  for  what  is  needful  to  the  service,  unless  otherwise  speci- 
ally directed  by  the  President,  according  to  the  nature  of  the  case. 

3  March,  1863,  8.  27,  v.  12,  p.  736. 
3  March,  1863,  s.  25,  v.  12,  p.  754. 

Sec.  1421.  Any  person  enlisted  in  the  military  service  of  the  United  Title  15,  Chap.  1. 

States  may,  on  application  to  the  Navy  Department,  approved  by  the  —=, — z — 

President,  be  transferred  to  the  Navy  or  Marine  Corps,  to  serve  therein  military  to  navS 
the  residue  of  his  term  of  enlistment,  subject  to  the  laws  and  regula-  service, 
tions  for  the  government  of  the  Navy.     But  such  transfer  shall  not  re- 
lease him  from  any  indebtedness  to  the  Government,  nor,  without  the 
consent  of  the  President,  from  any  penalty  incurred  for  a  breach  of 
military  law. 

1  July,  1864,  8. 1,  V.  13,  p.  342. 

107 


108  ORGANIZATION,    ETC. 


Number  of. 


Title  15,  Chap.  9.  Sec.  1596.  The  Marine  Corps  of  the  United  States  shall  consist  of  one 
commandant,  with  the  rank  and  pay  of  a  colonel,  one  colonel,  two  lieuten- 
ant-colonels, four  majors,  one  adjutant  and  inspector,  one  paymaster, 
one  quartermaster,  two  assistant  quartermasters,  twenty  captains, 
thirty  first  lieutenants,  thirty  second  lieutenants,  one  sergeant-major, 
one  quartermaster-sergeant,  one  drum-major,  one  principal  musician, 
two  hundred  sergeants,  two  hundred  and  twenty  corporals,  thirty  mu- 
sicians for  a  band,  sixty  drummers,  sixty  fifers,  and  twenty-five  hun- 
dred privates. 

25  July,  1861,  8.  7,  v.  12,  p.  275. 
2  Mar.,  1867,  8.  7,  V.  14,  p.  517. 
6  June,  1874,  v.  18,  p.  58. 

The  commandant  is  stationed  at  the  headquarters  of  the  Marine  Corps,  "Wash- 
ington, D.  C. ;  is  responsible  to  the  Secretary  of  the  Navy  for  the  general  effi- 
ciency and  discipline  of  the  corps,  and  under  his  direction  issues,  through  the 
office  of  the  adjutant  and  inspector  of  the  corps,  orders  for  the  movement  of 
officers  and  troops,  and  such  general  orders  and  instructions  for  their  guidance 
as  may  be  necessary.  In  the  absence  of  the  commandant  on  duty,  the  business 
of  his  office  is  conducted  by  the  adjutant  and  inspector,  as  "  by  order  of  the 
commandant " ;  in  case  of  hi's  absence  on  leave,  disability,  retirement,  or  death, 
his  duties  are  performed  by  the  adjutant  and  inspector,  as  "  by  direction  of  the 
Secretary  of  the  Navy  ". 

"When  »^™^er     Sec.  1597.  The  provisions  of  the  preceding  section  shall  not  preclude 
by  promoti^mf     *^®  advancement  of  any  officer  to  a  higher  grade  for  distinguished  con- 
duct in  conflict  with  the  enemy,  or  for  extraordinary  heroism  in  the 
line  of  his  profession,  as  authorized  by  sections  sixteen  hundred  and 
five  and  sixteen  hundred  and  seven. 

25  July,  1861,  8.  2,  v.  12,  p.  275. 
16  July,  1862,  s.  9,  v.  12,  p.  584. 
24  Jan.,  1865,  8. 2,  v.  13,  p.  424. 

Staff:  Sec.  1598.  The  staff  of  the  Marine  Corps  shall  be  separate  from  the 

line. 

2  Mar.,  1847,  s.  3,  v.  9,  p.  154. 
30  June,  1834,  s.  6,  v.  4,  p.  713. 

Appointments.  Sec.  1599.  Superseded  by  act  of  August  5, 1882,  as  follows :  All  the  un- 
dergraduates at  the  Naval  Academy  shall  hereafter  be  designated  and 
called  ''naval  cadets"  ;  and  from  those  who  successfully  complete  the 
six  years'  course  appointments  shall  hereafter  be  made  as  it  is  neces- 
sary to  fill  vacancies  in  the  lower  grades  of  the  line  and  engineer  corps 
of  thfi  Navy  and  of  the  Marine  Corps :  And  provided  further,  That  no 
greater  number  of  appointments  into  these  grades  shall  be  made  each 
year  than  shall  equal  the  number  of  vacancies  which  has  occurred  in 
the  same  grades  during  the  preceding  year;  such  appointments  to  be 
made  from  the  graduates  of  the  year  at  the  conclusion  of  their  six  years' 
course,  in  the  order  of  merit,  as  determined  by  the  academic  board  of 
the  Naval  Academy ;  the  assignment  io  the  various  corps  to  be  made 
by  the  Secretary  of  the  Navy  upon  the  recommendation  of  the  academic 
board. 

5  Aug.,  1882,  s.  1,  P.  E.  L.,  p.  285. 

Credit  for  vol-     Sec.  1600.  All  marine  officers  shall  be  credited  with  the  length  of 
unteer  service,     time  they  may  have  been  employed  as  officers  or  enlisted  men  in  the 
volunteer  service  of  the  United  States.     [See  Aug.  5, 1882,  Part  I,  under 
Volunteer  Service.  ] 

2  Mar.,  1867,  8.  3,  v.  14,  p.  516. 

Rank  and  pay     Sec.  1601.  The  commandant  of  the  Marine  Corps  shall  have  the  rank 
of  commandant,  and  pay  of  a  colonel,  and  shall  be  appointed  hy  selection  hy  the  President 
from  the  officers  of  said  corps. 

2  Mar.,  1867,  8. 7,  v.  14,  p.  517. 

6  June,  1874,  v.  18,  p.  58. 

Staff  rank.  Sec.  1602.  The  adjutant  and  inspector,  the  paymaster,  and  the  quar- 

termaster shall  have  the  rank  of  major;  each  assistant  quartermaster 
shall  have  the  rank  of  captain. 

"  Mar.,  1847.  s.  3,  v.  9,  p.  154. 
'57  FeH     '877  ▼,  19,  p.  244. 


ORGANIZATION,    ETC.  109 

Skc.  1603.  The  officers  of  the  Marine  Corps  shall  be,  in  relation  to  if®^?*^^®  ™»^ 
rank,  on  the  same  footing  as  officers  of  similar  grades  in  the  Army,  with  the  Army.. 
[See  1466,  Rank  and  Precedence,  Part  I.] 

30  June,  1834,  s.  4,  v.  4,  p.  713. 
That  the  President  of  the  United  States  be,  and  he  is  hereby,  author-    Jnne  8, 1880. 
ized  to  appoint,  for  the  term  of  fonr  years,  by  and  with  the  advice  and    judge-advo- 
consant  of  the  Senate,  from  the  officers  of  the  Navy  or  the  Marine  Corps,  cate-generaL 
a  jndge-advocate-general  of  the  Navy,  with  the  rank,  pay,  and  allow- 
ances of  a  captain  in  the  Navy  or  a  colonel  in  the  Marine  Corps,  as  the 
case  may  be.     And  the  office  of  the  said  judge-advocate-general  shall     Office  in  the 
bo  in  the  Navy  Department,  where  he  shall,  under  the  direction  of  the  -N avy  Departm't. 
Secretary  of  the  Navy,  receive,  revise,  and  have  recorded  the  proceed- 
ings of  all  courts-martial,  courts  of  inquiry,  and  boards  for  the  exami- 
nation of  officers  for  retirement  and  promotion  in  the  naval  service,  and 
perform  such  other  duties  as  have  heretofore  been  performed  by  the  so- 
licitor and  naval  judge-advocate-general.     [See  note,  page  15,  Part  I.] 

8  June,  1880,  v.  21,  p.  164,  ch.  129. 
Sp:c.  1604.  Commissions  by  brevet  may  be  conferred  upon  commis-  Title  16,  Chap.  9. 
sioued  officers  of  the  Marine  Corps  in  the  same  cases,  upon  the  same  con-     Brevets. 
ditious,  and  in  the  same  manner  as  are  or  may  be  provided  by  law  for 
officers  of  the  Army. 

16  Apr.,  1814.  8.  3,  v.  3,  p.  124.         16  Apr..  1818,  s.  2,  v.  3,  p.  427. 

30  June,  1834,  s.  9,  v.  4,  p.  713.  6  July,  1812,  s.  4,  v.  2,  p.  785. 

1  Mar.,  1869,  a.  2.  v.  15,  p.  281.  3  Mar.,  1869,  s.  7,  v. 15,  p.  318. 

15  July,  1870,  8. 16,  v.  16,  p.  319. 

The  following  are  the  sections  relating  to  the  conferring  of  brevets  Title  14,  Chap.  1. 
in  the  Army  :  Brevets. 

Sec.  1209.  The  President,  by  and  with  the  advice  and  consent  of  the 
Senate,  may,  in  time  of  war,  confer  commissions  by  brevet  upon  com- 
missioned officers  of  the  Army,  for  distinguished  conduct  and  public 
service  in  presence  of  the  enemy. 

6  July,  1812,  8.  4,  v.  2,  p.  785. 

16  April,  1818,  s.  2,  v.  3,  p.  427. 
1  March,  1869,  s.  2,  v.  15,  p.  281. 

Sec.  1210.  Brevet  commissions  shall  bear  date  from  the  particular 
action  or  service  for  which  the  officers  were  brevetted. 
1  March,  1869,  s.  2,  v.  15,  p.  281. 

Sec.  1211.  Officers  maybe  assigned  to  duty  or  command  according 
to  their  brevet  rank  by  special  assignment  of  the  President ;  and  brevet 
rank  shall  not  entitlean  officer  to  precedeuce  or  command  except  when 
so  assigned. 

16  April,  1818,  a.  1,  v.  3,  p.  427. 

3  March,  1869,  s.  7,  v.  15,  p.  318. 

Sec.  1212.  No  officer  shall  be  entitled,  on  account  of  having  been 
brevetted,  to  wear,  while  on  duty,  any  uniform  other  than  that  of  his 
actual  rank;  and  no  officer  shall  be  addressed  in  orders  or  official  com- 
munications by  any  title  other  than  that  of  his  actual  rank. 
15  July,  1870,  8.  16,  v.  16,  p.  319. 

Sec.  1264.  Brevets  conferred  on  commissioned  officers  shall  not  entitle  Title  16,  Chap.  8. 
them  to  any  increase  of  pay. 

3  March,  1863,  v.  12,  p.  758. 

3  March,  1865,  s.  9,  v.  13,  p.  488. 

Officers  of  the  Army  shall  only  be  assigned  to  duty  or  command  ac-    3  March,  1883. 
cording  to  their  brevet  rank  when  actually  engaged  in  hostilities.  ~ 

3  March,  1883,  8.  1,  P.  E.  L.,  p.  457. 
Sec.  1605.  Any  officer  of  the  Marine  Corps  may,  by  and  with  the  ad-  Title  15,  Chap.  9. 
vice  and  consent  of  the  Senate,  be  advanced  not  exceeding  thirty  num-     Advancement 
hers  in  rank,  for  eminent  and  conspicuous  conduct  in  battle  or  extra-  in  number, 
ordinary  heroism. 

24  Jan.,  1805,  s.  1,  v.  13,  p.  424. 
21  Apr.,  1864,  s.  6,  v.  13,  p,  54. 

Sec.  1606.  Any  officer  who  is  nominated  to  a  higher  grade  by  the  Promotion 
provisions  of  the  preceding  section  shall  be  promoted,  notwithstand- ^jf "  grade  is 
ing  the  number  of  said  grade  may  be  full,  but  no  further  promotion 


110 


ORGANIZATION,    ETC. 


Promotion 
gallantry. 


Enlistments, 


shall  take  place  in  that  grade,  except  for  like  cause,  until  the  number 
is  reduced  to  that  provided  by  law. 

24  Jan.,  1865,  s.  2,  v.  13,  p.  424. 
for  Sec.  1607.  Any  officer  of  the  Marine  Corps  may,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  be  advanced  one  grade,  if,  upon  recom- 
meudendation  of  the  President  by  name,  he  receives  the  thanks  of  Con- 
gress for  highly  distinguished  conduct  in  conflict  with  the  enemy,  or 
for  extraordinary  heroism  in  the  line  of  his  profession. 

16  July,  1862,  s.  9,  v.  12,  p.  584. 

24  Jan.,  1865,  a.  2,  v.  13,  p.  424. 

Sec.  1608.  Enlistments  into  the  Marine  Corps  shall  be  for  a  period  not 
less  than  five  years. 

11  July,  1870.  Res.  106,  v.  16,  p.  387. 
Note. — It  is  not  in  the  power  of  tLe  Secretary  [of  War]  to  suspend  the  en- 
listment of  a  soldier,  retaining  the  ri^ht  to  resume  his  proper  control  over  him 
as  an  enlisted  man  at  any  definite  or  indefinite  period.  He  may  discharge  him 
from  the  service  according  to  the  contract  which  is  made  by  enlistment,  but 
the  right  to  suspend  the  contract  does  not  exist  upon  the  part  of  the  Secretary, 
even  with  the  consent  of  thn  soldier.  To  use  the  lauguau;e  of  Attorney-General 
Clifford  (Op.  4,  538),  "The  Executive  Department  has  discretionary  authority 
to  discharge  before  the  term  of  service  has  expired,  but  has  no  power  to  vary 
the  contract  of  enlistment." 

Op.  XV,  362,  Devens,  Sept.  4,  1877. 

IN'OTES.— Enlisted  men  serving  within  the  United  States  can  be  discharged  by 
order  of  the  commandant  on  expiration  of  enlistment,  in  pursuance  of  the  sen- 
tence of  a  general  or  summary  court-martial,  or  by  reason  of  unfitness  for 
service  from  causes  properly  ascertained.  Special  discharges  are  not  issued  by 
the  commandant  except  in  cases  of  urgent  necessity,  and  when,  in  his  opinion, 
such  discharge  will  not  be  prejudicial  to  the  interests  of  the  service. 

The  regulations  for  the  recruiting  service  of  the  Army  are  applied,  as  far  as 
practicable,  to  the  recruiting  serArice  of  the  Marine  Corps.  No  person  is  enlisted 
or  re-enlisted  other  than  as  private,  drummer,  filer,  or  apprentice.  Marines 
will  not  be  enlisted  nor  discharged  on  foreign  stations. 

Sec.  1609.  The  officers  and  enlisted  men  of  the  Marine  Corps  shall 
take  the  same  oaths,  respectively,  which  are  provided  by  law  for  the 
officers  and  enlisted  men  of  the  Army. 
11  July,  1798,  s.  4,  v.  1,  p.  595. 

Oath  for  enlisted  men. 

Title  14,  Chap.  5.  Sec.  1342,  Art.  2.  ''  I,  A  B,  do  solemnly  swear  (or  affirm)  that  I  will 
bear  true  faith  and  allegiance  to  the  United  States  of  America ;  that  I 
will  serve  them  honestly  and  faithfully  against  all  their  enemies  whom- 
soever; and  that  I  will  obey  the  orders  of  the  President  of  the  United 
States,  and  the  orders  of  the  officers  appointed  over  me,  according  to 
the  rules  and  articles  of  war."  This  oath  may  be  taken  before  any  com- 
missioned officer  of  the  Army. 

29  January,  1813,  s.  13,  v.  2,  p.  796. 
3  Aug.,  1861,  s.  11,  V.  12,  p.  289. 

Title  15, Chap. 9.  Sec.  1610.  Marines  shall  be  exempt,  while  enlisted  in  said  service, 
from  all  personal  arrest  for  debt  or  contract. 

30  June,  1834,  s.  3,  v.  4,  p.  713. 
11  July,  1798,  8.  5,  v.  1,  p.  595. 


Oath. 


Oath. 


Exemption 
from  arrest. 


Sec.  1611.  The  Marine  Corps  may  be  formed  into  as  many  companies 
or  detachments  as  the  President  may  direct,  with  a  proper  distribution 
of  the  commissioned  and  non-commissioned  officers  and  musicians  to 
each  company  or  detachment. 

11  July,  1798,  8. 1,  V.  1,  p.  594. 

Sec.  1616.  Marines  may  be  detached  for  service  on  board  the  armed 
vessels  of  the  United  States,  and  the  President  may  detach  and  appoint, 
for  service  on  said  vessels,  such  of  the  officers  of  said  corps  as  he  may 
deem  necessary. 

11  July,  1798,  ss.  1,  3,  v.  1,  p.  595. 

1  July,  1797,  8.  4,  v.  1,  p.  523. 

Sec.  1617.  No  officer  of  the  Marine  Corps  shall  exercise  command  over 
any  navy-yard  or  \essel  of  the  United  States. 
30  June,  1834,  s.  4,  v.  4,  p.  713. 

Marines  as     Sec.  1618.  The  President  may  substitute  marines  for  landsmen  in  the 
landsmen.  Navy,  as  far  as  he  may  deem  it  for  the  good  of  the  service. 

3  March,  1849,  s.  1,  v.  9,  p.  377. 


Companies  and 
detachments. 


Title  15,  Chap.  9 

Service   on' 
armed  vessels. 


Not  to   com- 
mand   yards    or 


RETIREMENT. 


Ill 


Sec.  1619.  The  Marine  Corps  shall  be  liable  to  do  duty  in  the  forts    Duty  on  shore, 
and  garrisons  of  the  United  States,  on  the  sea- coast,  or  any  other  duty 
on  shore,  as  the  President,  at  his  discretion,  may  direct. 
11  July,  1798,  8. 6,  v.  1,  p.  596. 

Sec.  1620.  The  President  is  authorized  to  prescribe  such  military    -ReK^lations  for 
regulations  for  the  discipline  of  the  Marine  Corps  as  he  may  deem  ex-  ^iiscipime. 
pediont. 

30  June,  1834,  a.  8,  v.  4,  p.  713, 

Sec.  1621.  The  Marine  Corps  shall,  at  all  times,  be  subject  to  the  laws    Lawsandregu. 
and  regulations  established  for  the  government  of  the  Navy,  except  ^**^^°^^  ^  which 
when  detached  for  service  with  the  Army  by  order  of  the  President ;       ^ 
and  when  so  detached  they  shall  be  subject  to  the  rules  and  articles  of 
war  prescribed  for  the  government  of  the  Army. 

30  June,  1834,  s.  2,  v.  4,  p.  713. 

11  July,  1798,  8. 4,  v.  1,  p.  595. 

Every  military  post  may  have  one  tracer,  to  be  appointed  by  the  Sec-    24  July,  187C. 
retary  of  War,  on  the  recommendation  of  the  council  of  administration, 
approved  by  the  commanding  officer,  who  shall  be  subject  in  all  respects 
to  the  rules  and  regulations  for  the  government  of  the  Army. 
24  July,  1876,  v.  19,  p.  97. 
Notes.— The  Secretary  of  the  Navy  determines  at  what  marine  posts  traders 
shall  be  allowed,  and  appoints  them  on  the  recommendation  of  the  council  of 
administration,  formed  under  Army  regulations,  approved  by  the  commanding 
officers  of  the  post  and  the  commandant  of  the  station. 

Post  traders  are  governed  by  the  Army  regulations,  and  such  orders  as  the 
commandant  of  the  Marine  Corps  may  is'^sue.  They  cannot  keep,  have,  or  sell 
spirituous  liquors.— Order  of  the  Secretary  of  the  Navy,  March  16, 1883. 

Post  traders  are  subject  to  the  regulations  of  the  Army  applicable  to  the  occu- 
pation or  business  carried  on  by  them,  in  like  manner,  and  to  the  same  extent, 
that  sutlers  were.— Op.  XVI,  658,  Feb.  2,  1880.    Phillips. 

Sec.  1624,  Art.  10.  Any  commissioned  officer  of  the  Navy  or  Marine  Title  15,Ch»p.  10. 
Corps  who,  having  tendered  his  resignation,  quits  his  post  or  proper     gee.  i624. 
duties  without  leave,  and  with  intent  to  remain  permanently  absent     Desertion     by 
therefrom,  prior  to  due  notice  of  the  acceptance  of  such  resignation,  sha  11  resignation, 
be  deemed  and  punished  as  a  deserter. 

5  Aug.,  1861,  8.  2,  V.  12,  p.  316. 


Post  traders. 


EETIEEMENT— J/arme  Corps. 


Sec. 

1622.  Ketirement,  as  in  the  Army. 


Sec. 
1623. 


Composition  of  board. 


Retirement  in  the  Army. 


Sec. 

1243.  Retirement  upon  officer's  own  application. 

1244.  After  forty-five  years,  or  at  the  age  of  sixty- 

two. 
.  Amendments. 

1245.  For  disability. 

1247.  Oath  of  members. 

1248.  Powers  and  duties. 

1249.  Findings. 

1250.  Revision  by  the  President. 

1251.  Finding  of  disability  by  incident  of  service. 


Sec. 

1252.  Disability  not  by  an  incident  of  service. 

3253.  Officers  entitled  to  a  hearing. 

1254.  Retired  rank. 

1255.  Status  of  retired  officers. 

1256.  Rights  and  liabilities. 

1257.  Vacancies  by  retirement. 
1574.  Pay. 

1575!  Wholly  retired. 
.  Rank  and  pay. 


Sec.  1622.  The  commissioned  officers  of  the  Marine  Corps  shall  be  re-  Title  15,  Chap.  9. 
tired  in  like  cases,  in  the  same  manner,  and  with  the  same  relative  con-     Ketirement. 
ditious,  in  all  respects,  as  are  provided  for  officers  of  the  Army,  except 
as  is  otherwise  provided  in  the  next  section. 


3  Aug.,  1861,  ss.  15, 16, 17,  v.  12,  p.  289. 
17  July,  1862,  s.  12,  v.  12,  p.  596. 
21  Jan.,  1870,  9. 1,  v.  16,  p.  62. 


15  July,  1870,  s.  4,  v.  16,  p.  317. 
10  June,  1872,  s.  1,  v.  17,  p.  378. 


Sec.  1623.  In   case  of  an  officer  of  the  Marine  Corps,  the  retiring    -Retiring  board, 
board  shall  be  selected  by  the  Secretary  of  the  Navy,  under  the  direc-  ^°^  composed, 
tion  of  the  President.     Two-fifths  of  the  board  shall  be  selected  from 
the  Medical  Corps  of  the  Navy,  and  the  remainder  shall  be  selected 


112  RETIREMENT. 

from  oflBcers  of  the  Marine  Corps,  senior  in  rank,  so  far  as  may  be,  to 
the  officer  whose  disability  is  to  be  inquired  of. 
3  Aug.,  1861,  8. 17,  V.  12,  p.  289. 

Note. — Retirement  in  the  Marine  Corps  is  eovemed  by  sees.  1622, 1623,  R.  S. ; 
i.  e.,  officers  are  to  be  retired  in  like  cases  and  in  the  same  manner  and  "  with 
the  same  relative  conditions  in  all  respects  "  as  officers  of  the  Army.  Wholly 
retired,  to  receive  one  year's  pay  and  emoluments ;  otherwise  retu'ed,  75  per 
cent,  of  the  pay  of  the  "  actual  rank  "  held  by  them  at  the  time  of  retirement. — 
Op.  XV,  p.  442,  Devens,  Jan.  31, 1878.  Welles  case. 

An  officer  of  the  Marine  Corps  is  not  subject  to  the  requirements  of  sec. 
1493  (relating  to  the  promotion  of  officers  of  the  Navy)  on  coming  up  for  pro- 
motion.— Op.  June  16,  1881,  MacVeagh,  Major  Houston's  case. 

Title  14, Chap.  2.     The  following  sections  relate  to  retirement  in  the  Army: 
Retirement  on     Sec.  15243.  When  an  officer  has  served  forty  consecutive  years  as  a 

own  application,  commissioned  officer,  he  shall,  if  he  makes  application  therefor  to  the 
President,  be  retired  from  active  service  and  placed  upon  the  retired 
list.  When  an  officer  has  been  thirty  years  in  service,  he  may,  upou 
his  own  application,  in  the  discretion  of  the  President,  be  so  retired, 
and  placed  on  the  retired  list.*  [See  30  June,  1882,  and  3  March,  1883, 
post.'] 

3  Aug.,  1861,  s.  15,  V.  12,  p.  289. 
15  July,  1870,  88. 4,  5,  v.  16,  p.  317. 

After  45  years,      Sec.  1244.  When  any  officer  has  served  forty-five  years  as  a  commis- 
or  when  62.  sioned  officer,  or  is  sixty-two  years  old,  he  may  be  retired  from  active 

service  at  the  discretion  of  the  President.  [See  30  June,  1882,  and  3 
March,  1883,  post  ] 

17  July,  1 862,  s.  12,  v.  12,  p.  596. 

30  June,  1882.        On  and  after  the  passage  of  this  act  when  an  officer  has  served  forty 

-         '    T  years  either  as  an  officer  or  soldier  in  the  regular  or  volunteer  service, 

te?40^  yea?8  ser-  ^^  ^oth,  he  shall,  if  he  make  application  therefor  to  the  President,  be 
vice  on  own  ap-  retired  from  active  service  and  placed  on  the  retired  list,  and  when  an 
plication.  officer  is  sixty-four  years  of  age,  he  shall  be  retired  from  active  service 

Retirement  r^^^  placed  on  the  retired  list, 
compulsory  at  64  ^ 

years  of  age.  30  June,  1882,  chap.  254,  s.  1,  P.  E.  L.,  p.  118. 

3  March,  1883.        Nothing  contained  in  the  above  "  shall  be  so  construed  as  to  prevent, 
limit  or  restrict  retirements  from  active  service  in  the  Army,  as  author- 
ized by  law  in  force  at  the  date  of  the  approval  of  said  act,"  retirement 
under  the  provisions  thereof  "being  in  addition  to  those  theretofore 
authorized  by  law." 

3  March,  1883,  chap.  93,  s.  1,  P.  E.  L.,  p.  457. 

For  disability.  Sec.  1245.  When  ai^y  officer  has  become  incapable  of  performing  the 
duties  of  his  office,  he  shall  be  either  retired  from  active  service,  or 
wholly  retired  from  the  service,  by  the  President,  as  hereinafter  pro- 
vided. 

3  Aug. ,  1861,  8. 16,  V.  12,  p.  289. 

Board,   and     Sec.  1247.  The  members  of  said  board  shall  be  sworn  in  every  case 
powers  and  du-  j-q  discharge  their  duties  honestly  and  impartially. 
^^^  ^  '  Sec.  1248.  A  retiring  board  may  inquire  into  and  determine  the  facts 

touching  the  nature  and  occasion  of  tbe  disability  of  any  officer  who 
ap])ears  to  be  incapable  of  performing  the  duties  of  his  office,  and  shall 
have  such  powers  of  a  court-martial  and  of  a  court  of  inquiry  as  may 
be  necessary  for  that  purpose. 

Sec.  1249.  When  the  board  finds  an  officer  incapacitated  for  active 
service,  it  shall  also  find  and  report  the  cause  which,  In  its  judgment, 
has  produced  his  incapacity,  and  whether  such  cause  is  an  incident  of 
service. 

Sec.  1250.  The  proceedings  and  decision  of  the  board  shall  be  trans- 
mitted to  the  Secretary  of  War,  and  shall  be  laid  by  him  before  the 
President  for  his  approval  or  disapproval  and  orders  in  the  case. 

Sec.  1251.  When  a  retiring  board  finds  that  an  officer  is  incapacitated 
for  active  service,  and  that  his  incapacity  is  the  result  of  an  incident 
of  service,  and  such  decision  is  approved  by  the  President,  said  officer 
shall  be  retired  from  active  service  and  placed  on  the  list  of  retired 
officers. 

Sec.  1252.  When  the  board  finds  that  an  officer  is  incapacitated  for 
active  service,  and  that  his  incapacity  is  not  the  result  of  any  incident 
of  service,  and  its  decision  is  approved  by  the  President,  the  officer 
shall  be  retired  from  active  service,  or  wholly  retired  from  the  service, 


RETIREMENT.  113 

as  the  President  may  determine.    The  names  of  officers  wholly  retired 
from  the  service  shall  be  omitted  from  the  Army  Register. 

Sec.  1253.  Except  in  cases  where  an  officer  may  be  retired  by  the    Officers  entitled 
President  upon  his  own  application,  or  by  reason  of  his  having  served  to  a  hearing, 
forty-five  years,  or  of  his  being  sixty-two  years  old,  no  officer  shall  be 
retired  from  active  service,  nor  shall  an  officer,  in  any  case,  be  wholly 
retired  from  the  service,  without  a  full  and  fair  hearing  before  an  Army 
retiring  board,  if,  upon  due  summons,  he  demands  it. 

3  Aug.,  1861,  8. 17,  V.  12,  p.  290. 
Sec.  1254.  Officers  hereafter  retired  from  active  service  shall  be  re-    Rank, 
tired  upon  the  actual  rank  held  by  them  at  the  date  of  retirement. 
[See  March  3,  1875.] 

10  June,  1872,  v.  17,  p.  378. 

3  March,  1875,  v.  18,  p.  612. 

Sec.  1255.  Officers  retired  from  active  service  shall  be  withdrawn    Status; 
from  command  and  from  the  line  of  promotion. 
3  Aug.,  1861,  8. 16,  v.  12,  p.  289. 
17  July,  1862,  s.  12,  v.  12,  p.  596. 

Sec.  1256.  Officers  retired  from  active  service  shall  be  entitled  to    .Rights  and  lia- 
wear  the  uniform  of  the  rank  on  which  they  may  be  retired.     They  l^il^ties. 
shall  continue  to  be  borne  on  the  Army  Register,  and  shall  be  subject 
to  the  rules  and  articles  of  war,  and  to  trial  by  general  court-martial 
for  any  breach  thereof. 

3  Aug.,  1861,  8. 18,  V.  12,  p.  290. 

Sec.  1257.  When  any  officer  in  the  line  of  promotion  is  retired  from     Vacancies, 
active  service,  the  next  officer  in  rank  shall  be  promoted  to  his  place, 
according  to  the  established  rules  of  the  service;  and  the  same  rule  of 
promotion  shall  be  applied,  successively,  to  the  vacancies  consequent 
upon  such  retirement. 

Ibid.,  8. 16. 

Sec.  1274.  Officers  retired  from  active  service  shall  receive  seventy-  Title  14,  Chap.  3. 
five  per  centum  of  the  pav  of  the  rank  upon  which  they  are  retired.    [  See  ~pZZ 
post,  March  3,  1875.  ]       ' 

15  July,  1870,  8. 24,  v.  16,  p.  320. 

3  March,  1875,  V.  18,  p.  512. 
Note. — An  officer  of  the  Army  who  is  "retired  from  active  service  "  is  still  in 
the  military  service  of  the  United  States,  and,  in  addition  to  the  percentage  of 
pay  of  the  rank  on  which  he  was  retired,  is  entitled  to  the  ten  per  cent,  allowed 
by  R.  S.  1262, 1263  for  each  term  of  five  vears  service.— Otto  105,  244,  Tyler  v. 
It.  S.    C.  C.  XVI,  223.     See  note  under  1267,  p.  116. 

Sec.  1275.  Officers  wholly  retired  from  the  service  shall  be  entitled    Wholly  retired. 
to  receive,  upon  their  retiremeut,  one  year's  pay  and  allowances  of  the 
highest  rank  held  by  them,  whether  by  staff  or  regimental  commission, 
at  the  time  of  their  retirement. 

3  Aug.,  1861,  s.  17,  V.  12,  p.  290. 

That  all  officers  of  the  Army  who  have  been  heretofore  retired  by    March  3, 1875. 
reason  of  disability  arising  from  wounds  received  in  action  shall  he    jjank  and  nav 
considered    as  retired  upon  the  actual  rank  held  by  them,  whether ^mder  certain 
in  the  regular  or  volunteer  service,  at  the  time  when  such  wound  conditions, 
was  received,  and  shall  be  borne  on  the  retired  list  and  receive  pay 
hereafter  accordingly :  and  this  section  shall  be  taken  and  construed 
to  Include  those  now  borne  on  the  retired  list  placed  upon  it  on  ac- 
count of  wounds  received  in  action:   Provided,  That  no  part  of  the 
foregoing  act  shall  apply  to  those  officers  who  had  been  in  service  as 
commissioned  officers  twenty-five  years  at  the  dstte  of  their  retire-    g^e  qp.    XV 
ment ;  nor  to  those  retired  officers  who  had  lost  an  arm  or  leg,  or  has  an  83, 199,  and  407. 
arm  or  leg  permanently  disabled  by  reason  of  resection,  on  account 
of  wounds,  or  both  eye's  by  reason  of  wounds  received  in  battle;  and 
every  such  officer  now  borne'  on  the  retired  list  shall  be  continued  thereon 
notwithstandiog  the  provisions  of  section  two  [one],  chapter  thirty- 
eight,  act  of  March  thirty,  eighteen  hundred  and  sixty-eight  [$  1223] : 
And  he  it  also  provided.  That  no  retired  officer  shall  be  affected  by  this 
act,  who  has  been  retired  or  may  hereafter  be  retired  on  the  rank  held 
by  him  at  the  time  of  his  retirement ;  and  that  all  acts  or  parts  of  acts 
inconsistent  herewith  be,  and  are  hereby,  repealed. 
3  March,  1875,  s.  2,  v.  18,  p.  512. 

11181 8 


114     PAY,  RATIONS,  AND  MILEAGE  OF  MARINE  CORPS. 

iSOTES. — Under  section  1253  an  officer  is  entitled  to  appear  before  the  board 
(with  counsel,  if  desired),  and  to  introduce  testimony  of  his  own,  and  cross- 
examine  the  witnesses  examined  bv  the  board,  including  the  medical  members 
of  the  board  who  may  have  taken  part  in  the  medical  examination  and  have 
stated  or  reported  to  tlie  board  the  result  of  the  same.  If  the  officer  does  not 
elect  to  appear  before  the  boarfl  when  summoned  he  waives  the  right  to  a  hear- 
ing, and  cannot  properly  take  exception  to  a  conclusion  arrived  at  in  his  ab- 
sence.—"Winthrop's  Digest,  p.  432. 

A  retired  officer  in  the  Army  may  draw  his  pay  as  such,  and  may  also  draw 
the  salary  of  a  civil  office  which  he  may  hold  under  the  Government  (not  diplo- 
matic or  consular),  assuming  always  that  the  duties  of  the  civil  office  are  per- 
formed under  and  by  virtue  of  a  commission  appointing  him  to  that  office 
which  he  holds  in  addition  to  his  rank  as  a  retired  officer. — Op.  XV,  p.  306,  June 
11,  1877,  Devens.  See  Op.  XY,  p.  407,  Dec.  11,  1877,  on  the  subject  of  retired 
officers  accepting  positions  in  the  diplomatic  or  consular  service. 

An  officer,  on  being  wholly  retired,  becomes  a  civilian,  and  can  be  readmitted 
to  the  service  only  by  a  new  appointment.  He  cannot  be  reappointed  to  tbe 
retired  list,  but  must  first  be  appointed  on  the  active  list  to  a  certain  rank. 
None  but  a  commissioned  officer  on  the  active  list  of  the  Army  can  be  placed 
on  the  retired  list.  A  civilian  cannot. — Winthrop's  Digest,  p.  433.  Op.  XIV,  506. 

The  finding  of  a  retiring  board  under  sec.  1521,  is  in  the  nature  of  a  recom- 
mendation, and  until  it  is  "approved  by  the  President"  no  retirement  can  be 
ordered  thereupon. — "Winthrop,  431.  It  does  not  affect  the  authority  to  retire, 
that  the  incapacity  of  the  officer  may  have  resulted  from  a  wound  received  by 
him  while  in  the  volunteer  service  before  entering  the  regular  army.— Idem. 

Under  section  1252  an  officer  may,  in  the  <iiscretion  of  the  President,  legally 
be  retired  by  reason  of  incapacity  resulting  from  habitual  drunkenness. — win- 
throp's Digest,  p.  432. 

Under  section  1275  an  officer  wholly  retired  is  entitled  to  receive  a  sum  equal 
to  the  total  of  one  year's  pay,  and  all  the  pecuniary  allowances  of  an  officer  of 
his  rank.  The  fact  of  being  under  a  sentence  of  suspension  from  rank  and  pay 
does  not  affect  his  right  to  receive  such  full  sum  upon  the  retirement. — Win- 
throp's Digest,  432. 

Held,  that  a  retired  officer  of  the  Army,  though  not  actively  employed,  was 
an  " officer  in  the  emplojinent  of  the  Government,"  in  the  sense  of  this  stat- 
ute. Sec.  1782.  Receiving  compensation  for  services  in  matters  in  which  the 
government  is  interested. — Winthrop's  Digest,  p.  434. 

Held,  that  retired  officers  of  the  Army,  though  relieved  in  general  from  ac- 
tive military  service,  were  nevertheless,  as  a  part  of  the  Army,  properly  ex- 
empt from  the  public  obligations  peculiar  to  civilians,  and  were,  therefore,  no 
more  liable  than  officers  on  the  active  list  to  be  required  to  serve  on  juries. 
The  question,  however,  of  exemption  is  one  for  the  determination  of  the  courts. 
Advised,  in  such  a  case,  that  the  officer  appear  before  the  court,  in  compliance 
with  the  summons,  and  there  urge  to  the  judge  the  objection  arising  from  his 
military  status  to  his  serving  on  a  civil  jury. — Winthrop's  Digest,  433. 

PAY,  EATIONS,  AND  MILEAGE  OF  THE  MARINE  CORPS. 

Sec.  I  Sec. 

1612.  Pay  of  officers  and  enlisted  men.  1614.  Deduction  for  hospitals. 

1613.  Pay  of  the  band.  1  1615.  Rations. 

Title  15,  Chap.  9.  Sec.  1612.  The  officers  of  the  Marine  Corps  shall  be  eutitled  to  re- 
Pav  of  Marine  ^^^^^  ^^^  same  pay  and  allowances,  and  the  enlisted  men  shall  be  en- 
orps.  titled  to  receive  the  same  pay  and  bounty  for  re-enlisting,  as  are  or 

maybe  provided  by  or  in  pursuance  of  law  for  the  officers  and  enlisted 
men  of  like  grades  in  the  infantry  of  the  Army.     [See  tables,  jwat.} 

30  June,  1834,  s.  5,  v.  4,  p.  713. 
5  Aug.,  1854,  s.  1,  V.  10,  p.  586. 

Marine  band.  Sec.  1613.  The  marines  who  compose  the  corps  of  musicians  known 
as  the  "Marine  band"  shall  be  entitled  to  receive  at  the  rate  of  four 
dollars  a  month,  each,  in  addition  to  their  pay  as  non-commissioned 
officers,  musicians,  or  privates  of  the  Marine  Corps,  so  long  as  they 
shall  perform,  by  order  of  the  Secretary  of  the  Navy,  or  other  superior 
officer,  on  the  Capitol  grounds  or  the  President's  grounds. 

18  Aug.,  1856,  s.  5,  v.  11,  p.  118. 

5  J»ag.,  1854.  8. 1,  v.  10,  p.  586. 

Deduction  for     Sec.  1614.  The  Secretary  of  the  Navy  shall  deduct  from  the  pay  due 
hospitals.  each  of  the  officers  and  enlisted  men  of  the  Marine  Corps  at  the  rate  of 

twenty  cents  per  month  for  every  officer  and  marine,  to  be  applied  to 
the  fund  for  Navy  hospitals. 

2  March,  1799,  s.  2,  v.  1,  p.  729. 
26  Feb.,  1811,  s.  1,  v.  2,  p.  650. 

Rations  of  en-     Sec.  1615.  The  non-commissioned  officers,  privates,  and  musicians  oi 
listed  men.  ^j^g  Marine  Corps  shall,  each,  be  entitled  to  receive  one  Navy  ration 

daily.  ^ 

11  July,  1798,  8. 2,  v.  1,  p.  595. 
1  July,  1797,  s.  6,  V.  1,  p.  524. 


Corps 


PAY,  RATIONS,  AND  MILEAGE  OF  MARINE  CORPS. 

Pay-table  of  officers  as  per  sections  following. 


115 


Grades. 


Colonel  commandant 

Colonel , 

Lieutenant- colonel 

Major  (staff  and  line) 

Captain  and  assistant  quartermaster 

Captain ^ 

First  lieutenant 

Second  lieutenant 


Pay  per 
num. 


$3,600 
3,500 
3,000 
2,500 
2,000 
1,800 
1,500 
1,400 


Note. — All  officers  below  the  rank  of  brigadier-general  are  entitled  to  ten 
per  centum  in  addition  to  their  current  yearly  pay  as  given  above,  for  each  and 
©very  period  of  five  years'  service :  Provided,  The  total  amount  of  such  increase 
shall  not  exceed  forty  per  centum  of  their  current  yearly  pay  :  And  provided 
further,  That  the  pay  of  a  colonel  shall  not  exceed  $4,500  per  annum,  and  that 
of  a  lieutenant-colonel  $4,000  per  annum.  [Sec.  1267,  K.  S.t  Officers  on  the  re- 
tired list  are  entitled  to  seventy-five  per  centum  of  pay  (salary  and  increase)  of 
their  rank,  but  no  increase  accrues  for  time  subsequent  to  date  of  retirement. 
(Sec.  1254,  Retirement.! 

Statutes  relating  to  the  Army  which  apply  to  the  Marine  Corps. 

PAY  OF  OFFICERS. 


Sec. 

1261.  Rates  of  pay, 


Sec. 

1265.  Pay  during  absence, 

1267.  Maximum  of  colonel's  and  Iieutenant-ool« 
onel's  pay. 

1268.  To  be  paid  monthly. 

1269.  Allowances. 


1262.  Service  pay. 

1263.  Not  to  exceed  forty  per  centum  on  yearly 

pay. 
Longevity  pay  and  retirement. 

1264.  Brevets. 

Sec.  1261.  The  officers  of  tlie  Army  shall  be  entitled  to  the  pay  herein  Title  14,  Chap.  3. 

stated  after  their  respective  designations :  " 

#  *  #    ■  *  -jf  *  * 

Colonel,  three  thousand  five  hundred  dollars  a  year.     [See  $  1267.]     Rates  o^ pay- 
Lieutenant-colonel,  thre^  thousand  dollars  a  year.     [See  $  1267.] 

Major,  two  thousand  five  hundred  dollars  a  year. 

******* 

Captain,  mounted,  two  thousand  dollars  a  year. 
Captain,  not  mounted,  eighteen  hundred  dollars  a  year. 
First  lieutenant,  mounted,  sixteen  hundred  dollars  a  year. 
First  lieutenant,  not  mounted,  fifteen  hundred  dollars  a  year. 
Second  lieutenant,  mounted,  fifteen  hundred  dollars  a  year. 
Second  lieutenant,  not  mounted,  fourteen  hundred  dollars  a  year. 
2  March,  1867,  s.  7,  v.  14,  p.  423. 
15  June,  1870,  s.  24,  v.  16,  p.  320.      . 
24  July,  1876,  v.  19,  p.  97. 
Note. — Officers  are  not  "mounted,"  so  as  to  entitle  them  to  the  "pay,  emolu- 
ments, and  allowances  of  cavalry  officers  of  the  same  grade,"  when  they  are 
furnished  by  the  Grovernment  with  horses  and  equipments. — C.  C.  XVII,  132. 

Sec.  1262.  There  shall  be  allowed  and  paid  to  each  commissioned     Service  pay. 
officer  below  the  rank  of  brigadier-general,  including  chaplains  and 
others  having  assimilated  rank  or  pay,  ten  per  centum  of  their  current 
yearly  pay  for  each  term  of  five  years  of  service.     [See  June  18, 1878, 
and  June  30,  1882.] 

15  July,  1870,  s.  24,  v.  16,  p.  320. 
Note.— An  officer's  longevity  pay  is  to  be  computed,  not  from  the  time  of  his 
entering  "West  Point,  but  from  the  time  when  he  was  commissioned  second  lieu- 
tenant.—C.  C.  XVI,  262.    Babbitt's  case. 

Sec.  1263.  The  total  amount  of  such  increase  for  length  of  service 
shall  in  no  case  exceed  forty  per  centum  on  the  yearly  pay  of  the  grade 
as  provided  by-law.     [See  June  18,  1878,  and  June  30,  1882.] 
Idem. 

On  and  after  the  passage  of  this  act,  all  officers  of  the  Army  of  the  Jnhe  18, 1878. 
United  States  who  have  served  as  officers  in  the  volunteer  forces  during  "Eoneevitvpay 
the  war  of  the  rebellion,  or  as  enlisted  men  in  the  armies  of  the  United  and  retirement. 
States,  regular  or  volunteer,  shall  be,  and  are  hereby,  credited  with  the 


116     PAY,  RATIONS,  AND  MILEAGE  OF  MARINE  CORPS. 

full  time  they  may  have  served  as  such  officers  and  as  such  enlisted  men 
in  computing  their  service  for  longevity  pay  and  retirement. 

18  June,  1878,  s.  7,  v.  20,  p.  145. 

Jirne  30, 1882.        The  actual  time  of  service  in  the  Army  or  Navy,  or  both,  shall  be 

•      -  - — 7: —  allowed  all  officers  in  computing  their  pay :  Provided,  That  from  and 

loneJJitvpaY  ^^^®^  *^^  ^^^^  ^^^  ^^  '^^^y^  eighteen  hundred  and  eighty-two,  the  ten 
y  P  y-  pgj,  centum  increase  for  length  of  service  allowed  to  certain  officers  by 
section  twelve  hundred  and  sixty-two  of  the  Revised  Statutes  shall  be 
computed  on  the  yearly  pay  of  the  grade  fixed  by  sections  twelve  hun- 
dred and  sixty-one  and  twelve  hundred  and  seventy-four  of  the  Revised 
Statutes.     [Sec.  1274,  Retirement.] 

30  June,  1882,  chap.  254,  s.  1,  P.  E.  L.,  p.  118. 
Title  14,  Ctaap.  3.     Sec.  1264.  Brevets  conferred  upon  commissioned  officers  shall  not 
Brevets  entitle  them  to  any  increase  of  pay. 

3  March,  1863,  v.  12,  p.  758. 

3  March,  1865,  a.  9,  t.  13,  p.  488. 

Pay  during  ab-  Sec.  1265.  Officers  when  absent  on  account  of  sickness  or  wounds,  or 
sence.  lawfully  absent  from  duty  and  waiting  orders,  shall  receive  full  pay ; 

when  absent  with  leave,  for  other  causes,  full  pay  during  such  ab- 
sence not  exceeding  in  the  aggregate  thirty  days  in  one  year,  and  half- 
pay  during  such  absence  exceeding  thirty  days  in  one  year.  When 
absent  without  leave,  they  shall  forfeit  all  pay  during  such  absence, 
unless  the  absence  is  excused  as  unavoidable.     [See  29  July,  1876,  post.  ] 

3  Aug.,  1861,  8.  20,  V.  12,  p.  290.  15  July.  1870,  s.  24,  v.  16,  p.  320. 

3  March,  1863,  s.  31,  v.  12,  p.  736.  8  May^  1874,  v.  18,  p.  43. 

20  June,  1864,  s.  11,  v.  13,  p.  145.  29  July,  1876,  v.  19,  p.  102. 

29  Jtdy,  1876.        All  officers  on  duty  shall  be  allowed,  in  the  discretion  of  the  Secre- 

p      ^iien  ab-  ^^^^  ®^  War,  sixty  days'  leave  of  absence  without  deduction  of  i)ay  or 

gent.  allowance :  Provided,  That  the  same  be  taken  once  in  two  years :  And 

provided  further,  That  the  leave  of  absence  may  be  extended  to  three 

months,  if  taken  once  only  in  three  years,  or  four  months  if  taken  only 

once  in  four  years. 

29  July,  1876,  v.  19,  p.  202. 
8  May,  1874,  v.  18,  p.  43. 

!NOTEB. — This  act,  taken  in  connection  with  section  24  of  the  act  of  July  15, 
1870,  continued  to  Aimy  officers  on  leave  of  absence  (during  the  period  for  which 
such  leave  may  be  granted  them  thereunder  "without  deduction  of  pay  or  al- 
lowances") qtiarters  in  kind,  but  it  did  not  authorize  an  allowance  of  commuta- 
tion therefor.     [See  next  note.]— Op.  XVI,  p.  619,  Jan.  16. 1879.    Phillips. 

Where  an  officer,  to  whom  leave  of  absence  "without  deduction  of  pay  or  allow- 
ances" has  been  granted,  is  at  the  time  he  takes  his  leave  entitled  to  the  allow- 
ance of  commutation  for  quarters,  this  allowance  must  be  deemed  to  be  con- 
tinued to  him,  by  force  of  that  provision,  whilst  he  is  on  leave  of  absence,  though 
for  a  period  not  exceeding  that  for  which  the  leave  was  granted  thereunder. — 
Op.  XVI,  p.  577 ;  Nov.  15, 1880.    Devens. 

Where  a  military  officer  is  ordered  to  the  headquarters  of  a  department  to 
await  further  orders,  and  pursuant  to  the  order  remains  there  for  a  long  period 
performing  no  duty,  he  is  nevertheless  entitled  to  quarters  or  commutation  of 
quarters.— C.  C.  XIV,  p.  148.    Lippitt  v.  U.  S. 

Tltl«  14,  Cbap.  3.      Sec.  1267.  In  no  case  shall  the  pay  of  a  colonel  exceed  four  thousand 

TiT„  -^  ^     TV  five  hundred  dollars  a  year,  or  the  pay  of  a  lieutenant-colonel  exceed 
Maximum     oi-.         ,■,  ijn 

colonel's  andliea-  ^our  thousand  dollars  a  year, 
t  en  ant-colonel's  15  July,  1870,  s.  24,  v.  16,  p.  320. 

P^y*  Note.— A  lieutenant-colonel  retired  is  entitled  to  three-fourths  of  what  he 

was  entitled  to  receive  when  retired,  and  not  three-fourths  of  allowances  which 
he  was  debarred  from  receiving  under  this  section. — C.  C.  X,  p.  283.  RoherVs 
case. 

To  be  paid  Sec.  1268.  The  sums  hereinbefore  allowed  shall  be  paid  in  monthly 
monthly.  payments  by  the  paymaster. 

Ibid. 

Allowances.  Sec.  1269.  No  allowances  shall  be  made  to  officers  in  addition  to  their 

pay  except  as  hereinafter  provided.     [See  Mileage,  Quarters,  &c.] 
Ibid. 


PAY,    RATIONS,    AND    MILEAGE    OF   MARINE    COEPS. 


117 


PAY-TABLE    OF    NON-COMMISSIONED    OFFICERS,    &C.,    AS    PER    SECTIONS 

FOLLOWING. 


Grades. 


Sergeant-major 

Quar  r  er  ni  a  ster-sergeant 

Druin-inajor 

First  sergeant 

Sergeant 

Corporal   

Drurauicrs  and  fifers 

Privates 

Leader  of  the  band , 

Musician,  first  class 

Musician,  second  class 
Musician,  third  class  ... 


Tt 

i« 

6^ 

i« 

'E  *  ffi 

fK. 

^^ 

f^ 

o    • 

.5  o  « 

rs      £ 

si® 

Ph 

cc 

H 

N 

Per  mo. 

Per  mo. 

Per  mo. 

Per  mo.   . 

$23 

$27 

$28 

$29 

23 

27 

28 

29 

22 

26 

27 

28 

22 

26 

27 

28 

17 

21 

•     22 

23 

15 

19 

20 

21 

13 

17 

.     18 

19 

13 

17 

18 

19 

79 

81 

82 

83 

38 

40 

41 

42 

24 

26 

27 

28 

21 

23 

24 

25 

is 


Per  mo. 


29 


All  enlisted  men,  except  musicians  of  the  band,  serving  on  a  first 
period  of  five  years' service,  are  entitled  to  one  dollar  per  month  for  the 
third  year,  two  dollars  per  month  for  the  fourth  year,  and  three  dollars 
per  month  for  the  fifth  year's  service,  in  addition  to  the  sums  given  in 
the  first  column  above,  which  additional  amounts  are  retained  until 
expiration  of  service  and  paid  only  upon  final  settlement  and  honorable 
discharge. 

One  dollar  per  month  is  retained  from  all  enlisted  men  (except  the 
Marine  Band)  serving  under  a  re-enlistment.  This  retained  pay  is  not 
included  in  the  above  table,  and  is  to  be  credited  and  paid  only  upon 
final  settlement  and  honorable  discharge  from  service.  [As  per  sections 
below.] 


Statutes  relating  to  the  Army  which  apply  to  the  Marine  Corps, 


Sec 

1273.  Mileage. 

1280.  Pay  of  enlisted  men. 

1281.  Additional  pay. 

1282.  Ke-enlistment  pay. 

1283.  Service-pay  of  men  already  in  service. 

1284.  Re-enlistment. 

1285.  Certificate  of  merit. 


Sec. 

1286.  Non-commissioned  ofBcera  of  Mexican 

1287.  Extra  duty. 

1288.  During  captivity. 

1289.  Travel-pay  to  officers. 

1290.  Travel-pay  to  soldiers. 

1291 .  Soldiers'  pay  not  assignable. 


MILEAGE. 

Sec.  1273.  When  any  officer  travels  under  orders,  and  is  not^  furnished  Title  14,  Ch%f.  t. 
transportation  by  the  Quartermaster's  Department,  or  on  a  conveyance  "^neage 
belonging  to  or  chartered  by  the  United  States,  or  on  any  railroad  on 
which  troops  and  supplies  are  entitled  to  be  transported  free  of  charge, 
he  shall  be  allowed  ■eight  cents  a  mile,  and  no  more,  for  each  mile  acta-  • 

ally  traveled  under  such  order,  distances  to  be  calculated  by  the  shortest 
usually  traveled  route ;  and  no  payment  shall  be  made  to  any  officer 
except  by  a  paymaster  of  the  Army.     [See  3  March,  1883,  poat.^ 

15  July,  1870,  s.  24,  v.  16,  p.  320. 

16  June,  1874,  v.  18,  p.  72. 

3  March,  1875,  v.  18,  p.  452. 
24  July,  1876,  v.  19,  p.  100. 

From  and  after  the  passage  of  this  act  mileage  of  officers  of  the  Army     March  3, 1883, 
shall  be  computed  over  the  shortest  usually  traveled  routes  between  ""^         r"^     ^- 
the  points  named  in  the  order,  and  the  necessity  for  such  travel  in  the  miiea^^"  &c. 
military  service  shall  be  certified  to  by  the  officer  issuing  the  order  and 
stated  in  said  order. 


L 


3  March,  1883,  s.  1,  P.  E.  L.,  p.  456. 

Notes. — If  an  officer  on  leave  of  absence  be  ordered  to  temporary  duty  at  a 
place  where  he  happens  to  be,  so  that  the  order  involves  no  traveling  to  the 
place  of  temporary  duty,  and  he  be  kept  there  until  after  his  leave  of  absence 
expires  and  then  ordered  to  his  proper  station,  he  is  not  entitled  to  mileage 
under  General  Orders  97  of  1876.— C.  C.  XI V,  272,  Barr  v.  TJ.  S. 


118     PAY,  RATIONS,  AND  MILEAGE  OF  MARINE  CORPS. 

"Where  an  oflBcer  has  received  but  not  yet  accepted  leave  of  absence  from  the 
War  Department,  is  ordered  by  his  commanding  officer  to  convey  prisoners  to 
another  post,  his  leave  of  absence  is  to  that  extent  suspended,  and  he  is  enti- 
tled to  mileage  from  his  post  to  the  place  of  performance  and  back.— C.  C.  XV, 
264,  Andrew  v.  TJ.  S. 

An  officer's  "station  "  means  his  permanent  station,  the  place  of  performance 
of  his  military  duties,  and  not  a  place  to  which  he  was  temporarily  ordered  for 
a  special  duty  and  at  which  he  accepted  his  leave  of  absence.  An  officer's  sta- 
tion cannot  be  changed  by  his  being  ordered  to  perform  a  temporary  duty  while 
on  leave  of  absence. — Idem. 

PAY,   ETC.,    OF   ENLISTED  MEN. 

Pay  of  enlisted  Sec.  1280.  Themonthlypay  of  the  following  enlisted  men  of  the  Army 
men.  ,  shall,  during  their  first  term  of  enlistment,  be  as  follows,  with  the  con- 

tingent additions  thereto,  hereinafter  provided  : 
Sergeant-majors  of    *     *     *     infantry,  twenty-three  dollars. 
Quartermaster-sergeants    *     *     *     infantry,  twenty-three  dollars. 
Principal  musicians  of    *     *    infantry,  twenty-two  dollars. 
Sergeants  of    *'     ^    *    infantry,  seventeen  dollars. 
Corporals  of    *     *     infantry,  fifteen  dollars. 

Musicians,  drummers  and  fifers,     *     *     infantry,  thirteen  dollars. 
Privates  of    *     *     "*     infantry,  thirteen  dollars. 

15  May,  1872,  s.  1,  v.  17,  p.  116. 

27  Feb.,  1877,  chap.  69,  v.  19,  p.  243. 

Additional  pay.  Sec.  1281.  To  the  rates  of  pay  stated  in  the  preceding  section  one 
dollar  per  month  shall  be  added  for  the  third  year  of  enlistment,  one 
dollar  more  per  month  for  the  fourth  year,  and  one  dollar  more  per 
month  for  the  fifth  year,  making  in  all  three  dollars'  increase  per  mouth 
for  the  last  year  of  the  first  enlistment  of  each  enlisted  man  named  in 
said  section.  But  this  increase  shall  be  considered  as  retained  jjay, 
and  shall  not  be  paid  to  the  soldier  until  his  discharge  from  the  serv- 
ice, and  shall  be  forfeited  unless  he  serves  honestly  and  faithfully  to 
the  date  of  discharge. 

15  May,  1872,  s.  2,  v.  17,  p.  116. 

Re-enlistment  Sec.  1282.  All  enlisted  men  mentioned  in  section  twelve  hundred  and 
pay-  eighty,  who,  having  been  honorably  discharged,  have  re-enlisted  or  shfiU 

re-enlist  within  one  month  thereafter,  shall,  after  five  years'  service, 
including  their  first  enlistment,  be  paid  at  the  rate  allowed  in  said  sec- 
tion to  those  serving  in  the  fifth  year  of  their  first  enlistment :  Provided, 
That  one  dollar  per  month  shall  be  retained  from  the  pay  of  the  re-en- 
listed men,  of  whatever  grade,  named  in  section  twelve  hundred  and 
eighty-one  during  the  whole  period  of  their  re -enlistment,  to  be  paid 
to  the  soldier  on  his  discharge,  but  to  be  forfeited  unless  he  shall  have 
served  honestly  and  faithfully  to  the  date  of  discharge 

4  Aug.,  1854,  s.  2,  V.  10,  p.  575. 
15  May,  1872,  s.  3,  v.  17,  p.  116. 

3  March,  1875,  s.  10,  v.  18,  p.  419. 

Service  pay  of  Sec.  1283.  Enlisted  men,  now  in  the  service,  shall  receive  the  rates 
men  already  in  of  pay  established  in  this  chapter  according  to  the  length  of  their  serv- 
aervice.  ^^^      j-g^^  ^^^  of  June  18,  1878,  p.  115.] 

15  May,  1872,  a.  4,  v.  17,  p.  117. 

Note.— The  10th  section  of  the  act  of  March  3,  1875,  ch.  131,  v.  18,  p.  402,  pro- 
•  vides  that  the  enlisted  musicians  of  the  band  shall  have  the  benefits  as  to  pay, 

arising  from  re-enlistments  and  length  of  service,  applicable  to  other  enlisted 
men  of  the  Army. 

Ee-enliatment.  Sec.  1284.  Every  soldier  who,  having  been  honorably  discharged,  re- 
enlists  within  one  month  thereafter,  shall  be  further  entitled,  after  five 
years'  service,  including  his  first  enlistment,  to  receive,  for  the  period 
of  five  years  next  thereafter,  two  dollars  per  month  in  addition  to  the 
ordinary  pay  of  his  grade  ;  and  for  each  successive  period  of  five  years 
of  service,  so  long  as  he  shall  remain  continuously  in  the  Army,  a  further 
sum  of  one  dollar  per  month.  The  past  continuous  service,  of  soldiers 
now  in  the  Army,  shall  be  taken  into  account,  and  shall  entitle  such 
soldier  to  additional  pay  according  to  this  rule ;  but  services  rendered 
prior  to  August  fourth,  eighteen  hundred  and  fifty-four,  shall  in  no  case 
be  accounted  as  more  than  one  enlistment. 

4  Aug.,  1854,  8.  2,  V.  10,  p.  575. 
15  May,  1872,  a.  4,  v.  17,  p.  117. 

Certificate  o  f  Sec.  1285.  A  certificate  of  merit  granted  to  a  private  soldier  by  the 
'*^®"*'  President  for  distinguished  services  shall  entitle  him  to  additional  pay, 


PAY,    RATIONS,    AND    MILEAGE    OF   MARINE    CORPS.  119 

at  the  rate  of  two  dollars  per  month,  while  he  remains  continuously  in 
the  service ;  and  such  certificate  of  merit  granted  to  a  private  soldier 
who  served  in  the  war  with  Mexico  shall  entitle  him  to  such  additional 
pay,  although  he  may  not  have  remained  continuously  in  the  service. 

3  March,  1847,  s.  17,  r.  9,  p.  186. 

4  Aug.,  1854,  8.  3,  V.  10,  p.  575. 

Sec.  1286.  Non-commissioned  officers  who  served  in  the  war  with  Mex-    Non-oommi»- 
ico,  and  have  been  recommended  by  the  commanding  officers  of  their  ^^^A  ot&cers  of 
regiments  for  promotion  by  brevet  to  the  lowest  grade  of  commissioned  ^^^^'^^  '^*'^- 
officer,  but  have  not  received  such  recommended  promotion,  shall  be 
entitled  to  additional  pay  at  the  rate  of  two  dollars  per  month,  although 
they  may  not  have  remained  continuously  in  the  service. 
Ibid. 

Sec.  1287.  When  soldiers  are  detailed  for  employment  as  artificers  or    Extra  duty, 
laborers  in  the  construction  of  permanent  military  works,  public  roads, 
or  other  constant  labor  of  not  less  than  ten  days'  duration,  they  shall 
receive,  in  addition  to  their  regular  pay,  the  following  compensation:  ^ 

Privates  working  as  artificers,  and  non-commissioned  officers  employed 
as  overseers  of  such  work,  not  exceeding  one  overseer  for  twenty  men, 
thirty-five  cents  per  day,  and  privates  employed  as  laborers,  twenty 
cents  per  day.  This  allowance  of  extra  pay  shall  not  apply  to  the 
trooi>8  #f  the  Ordnance  Department. 

18  July,  1866,  s.  7,  v.  14,  p.  93. 

I  Feb.,  1873,  v.  17,  p.  422. 

See  Ops.  II,  706 ;  III,  116  ;  IV,  325 ;  and  X,  472. 

Sec.  1288.  Every  non-commissioned  officer  and  private  of  the  Regu-  _  During  captiv- 
lar  Army,  and  every  officer,  non-commissioned  officer,  and  private  of  ^^'y- 
any  militia  or  volunteer  corps  in  the  service  of  the  United  States  who 
is  captured  by  the  enemy,  shall  be  entitled  to  receive  during  his  cap- 
tivity, notwithstanding  the  expiration  of  his  term  of  service,  the  same 
pay,  subsistence,  and  allowance  to  which  he  may  be  entitled  while  in 
the  actual  service  of  the  United  States  ;  but  this  provision  shall  not  be  • 

construed  to  entitle  any  prisoner  of  war  of  such  militia  corps  to  any  pay 
or  compensation  after  the  date  of  his  parole,  except  the  traveling  ex- 
penses allowed  by  law. 

30  March,  1814,  s.  14,  v.  3,  p.  115. 

Notes.— This  section  does  not  extend  to  one  who  was  not  in  the  discharge  ox 
his  duties  at  the  time  of  his  capture,  and  who  contributed  to  the  disaster  cul- 
pably.—C.  C.  IV,  p.  209.     Phelps'  case. 

The  sentence  of  a  court-martial,  including  a  forfeiture  of  all  pay  due  at  the 
time  of  trial,  or  to  become  due  thereafter,  precludes  an  officer  from  a  right  to 
receive  pav  after  trial  and  during  his  captivity,  under  the  act  of  March  30, 1814, 
Sec.  1288,  Eevised  Statutes. 

Sec.  1289.  When  an  officer  is  discharged  from  the  service,  except  by  Travel-pay  to 
way  of  punishment  for  an  oftense,  he  shall  be  allowed  transportation  oncers, 
and  subsistence  from  the  place  of  his  discharge  to  the  place  of  his  resi- 
dence at  the  time  of  his  appointment,  or  to  the  place  of  his  original  mus- 
ter into  the  service.  The  Government  may  furnish  the  same  in  kind, 
but  in  case  it  shall  not  do  so,  he  shall  be  allowed  travel-pay  and  com- 
mutation of  subsistence,  according  to  his  rank,  for  such  time  as  may  be 
sufficient  for  him  to  travel  from  the  place  of  discharge  to  the  place  of 
his  residence,  or  original  muster  into  service,  computed  at  the  rate  of 
one  day  for  every  twenty  miles. 

II  Jan.,  1812,  s,  22,  v.  2,  p.  674. 
29  Jan.,  1813,  s.  15,  v.  2,  p.  796. 
20  June,  1864,  s.  8,  v.  13,  p.  145. 
27  Feb.,  1877,  v.  19,  p.  244. 

Sec.  1290.  When  a  soldier  is  discharged  from  the  service,  except  by     Travel-pay   to 
way  of  punishment  for  an  oftense,  he  shall  be  allowed  transportation  and  soldiers, 
subsistence  from  the  place  of  his  discharge  to  the  place  of  his  enlist- 
ment, enrollment,  or  original  muster  into  the  service.     The  Government 
may  furnish  the  same  in  kind,  but  in  case  it  shall  not  do  so,  he  shall  be 
allowed  travel-pay  and  commutation  of  subsistence  for  such  time  as 
may  be  sufficient  for  him  to  travel  from  the  place  of  discharge  to  the 
place  of  his  enlistment,  enrollment,  or  original  muster  into  the  service, 
computed  at  the  rate  of  one  day  for  every  twenty  miles. 
Ibid. 


120 


FORAGE,  FUEL,  QUARTERS  OF  MARINE  CORPS. 


Soldiers'   pay      Sec.  1291.  No  assignment  of  pay  by  a  non-commissioned  officer  or 
not  assignable,     private,  previous  to  his  discliarge/shall  be  valid. 

8  May,  1792,  s.  4,  v.  1,  p.  280. 

Held,  That  the  provision  in  section  1291,  that  "no  assignment  of  pay  by  a 
noncommissioned  officer  or  private  previous  to  his  discharge  shall  be  valid," 
does  not  preclude  a  soldier  so  situated  as  to  be  unable  to  receive  his. pay  in 
person  from  giving  an  order  to  another  person  to  receive  and  receipt  for  the 
same /or  him,  and  that  a  soldier  in  the  custody  of  the  civil  authorities  under  a 
criminal  charge  might  legally  be  paid  the  amount  of  pay  due  him  upon  an  order 
given  by  him  for  the  same  to  the  attorney  employed  to  defend  him;  also,  that 
ttie  pay  due  an  insane  officer  or  soldier  might  legally  be  rendere<l  to  a  person 
duly  appointed  as  his  guardian  under  the  State  laws! — Winthrop's  JDigest,  369. 


1 


FORAGE,  FUEL,  QUARTERS. 


1269.  Allowances  limited. 

1270.  Fuel,  forage,  &c.,  in  kind. 

— -   Commutation  for  forage  not  to  be  paid. 

1271.  Forage,  allowance  in  kind. 

1272.  Forage,  to  whom  furnished. 
Allowance  of  forage  specified. 


Sec. 


Xo  discrimination  east  of  the  Mississippi. 
Fuel,  allowance,  (fcc. 
Quarters  for  officers. 
Commutation  for  quarters. 
No  allowance  of  claims  for  servants'  quar- 
ters. 


Title  1 4,  Cliap.  3.     Sec.  1269.  No  allowances  shall  be  made  to  officers  in  addition  to  their 
AllowaucTsP^y  except  as  hereinafter  provided. 


limited. 

Fuel,  quai  tersi 
And  foraue. 


15  July,  1870,  s.  24,  v.  16,  p.  320.  # 

Sec.  1270.  Fuel,  quarters,  and  forage  may  be  furnished  in  kind  to 
officers  by  the  Quartermaster's  Department  according  to  law  and  regu- 
lations. Provided  however,  That  when  forage  in  kind  cannot  be  fur- 
nished by  the  proper  departments,  then  and  in  all  such  cases,  officers 
entitled  to  forage  may  commute  the  same  according  to  existing  regu- 
lations :  Provided  further,  That  officers  of  the  Army  and  of  volunteers 
assigned  to  duty  which  requires  them  to  be  mounted  shall,  during  the 
time  they  are  employed  on  such  duty,  receive  the  pay,  emoluments,  and 
allowances  of  cavalry  officers  of  the  same  grade  respectively.  [See  acts 
,  of  June  18,  1878.]  ^ 

15  July,  1870,  s.  24,  v.  16,  p.  320. 

27  Feb.,  1877,  v.  19,  p.  243. 

Commutation     It  is  provided  in  the  naval  appropriation  acts,  approved  August  5, 
be'"paid.*^^  "°*  *^  1^^?'  ^^^  March  3,  1883,  which  make  appropriations  for  the  purchase 


of  forage  for  the  Marine  Corps, 
be  paid." 


"That  no  commutation  for  forage  shall 


Forage  ill  kind.      Sec.  1271.  Forage  in  kind  may  be  furnished  to  officers  by  the  Quar- 
termaster's Department  as  follows:     [See  18  June,  1878.] 

17  July,  1862,  s.  2,  v.  12,  p.  594. 

9  April,  1864,  s.  1,  v.  13,  p.  46. 

15  July,  1870,  s.  24,  v.  16,  p.  320. 

Forage.    To     Sec.  1272.  Forage  shall  be  allowed  to  officers  only  for  horses  author- 

wbom  tui-nished.  j^ed  by  law,  and  actually  kept  by  them  in  service  when  on  duty  and  aft 

the  place  where  they  are  on  duty.     [See  18  June,  1878.] 

24  Ap.,  1816,  s.  12,  V.  3,  p.  299. 
17  July,  1862,  s.  1,  v.  12,  p.  594. 

18  June,  1878.        And  forage  in  kind  may  be  fnruished  to  the  officers  of  the  Army,  by 
Alio wance^  of  *^® Quartermaster's  Department,  only  for  horses  owned  and  actually 
forage.  kept  by  such  officers  in  the  performance  of  their  official  military  du- 

ties when  on  duty  with  troops  in  the  field  or  at  such  military  posts 
west  of  the  Mississippi  River  [See  post]  as  may  be  from  time  to  time 
designated  by  the  Secretary  of  War,  and  not  otherwise,  as  follows : 
To  a  colonel,  two  horses. 
To  a  lieutenant-colonel,  two  horses. 
To  a  major,  two  horses. 
To  a  captain  (mounted),  two  horses. 
To  a  lieutenant  (mounted),  two  horses. 


18  June,  1878,  s.  8,  v.  20,  p.  150. 
Provided,  That  there  shall  be  no  discrimination  in  the  issue  of  forage 
against  officers  serving  east  of  the  Mississippi  River,  provided  they  are 
No  discrimina- requij.(j(j  j^y  i^^  ^o  be  mounted,  and  actually  keep  and  own  their  ani 
tion  east  of  tne  _„i  >  j  r- 


May  4, 


Mississippi. 


mals. 


24  Feb.,  1881, 
4  May,  1880,  ^ 


V.  21,  p.  346. 
'.  21,  p.  111. 


FORAGE,  FUEL,  QUARTERS.  121 

Allowance  of  or  ooramutation  for  fuel  to  commissioned  officers  is    18  Jane,  1878. 
hereby  prohibited ;  but  fuel  may  be  furnished  to  the  officers  of  the  ~p^i 
Army  by  the  Quartermaster's  Department,  for  the  actual  use  of  such 
officers  only,  at  the  rate  of  three  dollars  per  cord  for  standard  oak  wood, 
or  at  an  equivalent  rate  for  other  kinds  of  fuel,  according  to  the  regu- 
lations now  in  existence:     *     *     * 

18  June,  1878,  s.  8,  v.  20,  p.  150. 
Note. — The  provisions  of  sec.  8,  act  June  18, 1878,  giving  to  Army  ofl&cers  the 
privilege  of  purchasing  fuel  at  the  rate  of  $3  per  cord  for  standard  oak  wood, 
do  not  extend  to  retired  officers.  A  cord  of  hard  woo'd  is  made,  under  the 
regulations,  the  standard  by  which  other  grades  of  fuel  are  tested.  This  sec- 
tion authorizes  the  sale  only  of  the  quantity  of  other  fuel  for  $3,  which  is 
made  the  equivalent  of  a  cord  of  standard  wood.— Op.  XVT,  92,  Devens,  July 
18,  1878. 

That  at  all  posts  and  stations  where  there  are  public  quarters  be-     18  June,  1878. 
longing  to  the  United  States,  officers  niay  be  furnished  with  quarters  "p.    3: —  ^ — T 
in  kind  in  such  public  quarters,  and  not  elsewhere,  by  the  Quarter- ^^"^g®''* 
master's  Department,  assigning  to  the  officers  of  each  grade,  respect- 
ively, such  number  of  rooms  as  is  now  allowed  to  such  grade  by  the 
rules  and  regulations  of  the  Army;  Provided,  That  at  places  where     ^^^^  ^f  com- 
there  are  no  public  quarters,  commutation  therefor  may  be  paid  by  the  mutation. 
Pay  Department  to  the  officer  entitled  to  the  same  at  a  rate  not  ex- 
ceeding iwe?i;e  dollars  per  room  per  month.     *    *    *    [See notes,  p.  116.] 

18  June,  1878,  s.  9,  v.  20,  p.  151. 
23  June,  1879,  v.  21,  p.  31. 
Note.— A  military  post  or  station  where  there  are  public  quarters  for  offi- 
cers, but  insufficient  for  the  accommodation  of  all  the  officers,  is,  in  regard  to 
those  officers  who  are  necessarily  excluded  from  the  public  quarters,  a  place 
where  there  are  "no  public  quarters,  '  within  the  meaning  of  the  proviso  in 
sec.  9,  act  of  June  18,  1878,  and  the  officers  thus  excluded  may  be  allowed  com- 
mutation for  quarters.— Op.  XVI,  611,  Aug  7,  1878. 
That  no  allowance  shall  be  made  for  claims  for  quarters  for  servants    ^^  Ju^ne,  1879. 


heretofore  or  hereafter.     *     *     *■  ^^  allowance 

23  June,  1879,  s.  1,  v.  21,  p.  30.  for  claims  for  aer- 

vants  quarters. 


P^RT    III. 


ACCOUNTS,  ACCOUNTING  AND  DISBURSING   OFFICERS,   PUBLIC 

MONEY  AND  PROPERTY,  NAVY  DEPARTMENT  AND 

BUREAUS;    CIVIL    SERVICE,,  ETC. 


Accounting  officers  and  accounts. 
Advertising. 

Aj)propriations  and  estimates. 
Attorney-General  and  Department  of  Justice. 
Attorneys  and  agents  of  the  government. 
Civil  service — Department  employes  and  regula- 
tions. 
Claims  and  claim  agents. 
Court  of  Claims. 
Contingent  funds. 


Debts  due  by  and  to  the  United  States. 
Disbursing  officers  and  agents — Checks,  drafts 

coins,  and  currency. 
Distress  warrants. 
Navy  Department  and  Bureaus. 
Public  documents,  public  printing  and  binding. 
Public  or  Department  records. 
Public  property  and  public  buildings. 
Statutes. 


123 


ACCOUNTING  OFFICERS  AND  ACCOUNTS. 

See  also  Disbursing  O^'Ficers  and  Agents. 

Sec.  [  Sec. 

191.  Certified  balances.  274.  Powerof  Second  Comptroller  as  to  Arrears  ot 

236.  Public  accounts  to  be  settled  in  the  Depart-  !  J>*y- 

ment  of  the  Treasury.  I     277.  Duties  of  the  Fourth  Auditor. 

237.  Commencement  of  the  fiscal  year.  283.  Manner  of   keeping  accounts  of    Depart- 
250.  Settlement  of  accounts  within  fiscal  year.       i  ments  of  War  ana  the  Navy. 

260.  Keports   upon    appropriations   for   Depart-  L  297.  Auditors  may  administer  oaths. 

ments  of  War  and  Navy.  I  3673.  Warrants,  drawing  and  countersigning. 

273.  Duties  of  the  Second  Comptroller.  i   3675.  Warrants,  fonnofdrawing  and  how  charged 

Sec.  191.  The  balances  which  may  from  time  to  time  be  stated  by        Title  4. 
the  Auditor  and  certified  to  the  heads  of  Departments  by  the  Commis-    (jertified    bal- 
sioner  of  Customs,  or  the  Comptrollers  of  the  Treasury,  upon  the  set-  ances. 
tlement  of  public  accounts,  shall  not  be  subject  to  be  changed  or  mod- 
ified by  the  heads  of  Departments,  but  shall  be  conclusive  upon  the 
executive  branch  of  the  Government,  and  be  subject  to  revision  only 
by  Congress  or  the  proper  courts.    The  head  of  the  proper  Department, 
before  signing  a  warrant  for  any  balance  certified  to  him  by  a  Comp- 
troller, may,  however,  submit  to  such  Comptroller  any  facts  in  his 
judgment  affecting  the  correctness  of  such  balance,  but  the  decision  of 
the  Comptroller  thereon  shall  be  final  and  conclusive,  as  hereinbefore 
provided. 

30  March,  1868,  s.  1,  v.  15,  p.  54. 

Notes.— If  the  Auditor  and  Comptroller  certify  a  balance  due  from  a  public  offi- 
cer or  contractor,  the  latter  may  refuse  payment,  and  when  the  United  States  brine 
suit  to  recover,  the  defense  may  be  interposed  and  the  matter  undergo  judicial 
investigation  and  scrutiny.  So  if  an  officer  or  creditor  claim  a  larger  amount 
than  the  accounting  officers  allow,  he  may  refuse  it  and  sue  in  the  Court  of 
Claims  or  apply  to  Congress  for  relief. — C.  C,  V,  61. 

The  balances,  as  certified  to,  are  subject  to  revision  by  Congress  or  the 
proper  courts.    The  Court  of  Claims  is  a  proper  court. — C.  C.,  V,  p.  5. 

The  head  of  a  Department,  before  signing  a  warrant  for  any  balance  certified 
by  a  Comptroller,  may  submit  to  the  latter  any  facts  which  in  his  judgment 
affect  the  correctness  of  such  balance ;  but  the  decision  of  the  Comptroller 
thereon  is  final  and  conclusive  upon  the  executive  branch  of  the  Government, 
and  subject  to  revision  by  Congress  or  the  proper  courts  only. — Op.  XIV,  65, 
Williams,  July  22,  1872.    See  also  Op.  XII,  43 ;  XIII,  6. 

Sec.  236.  All  claims  and  demands  whatever  by  the  United  States  or  Tttle7,Chap.  1» 
against  them,  and  all  accounts  whatever  in  which  the  United  States  Pubiic  accounts, 
are  concerned,  either  as  debtors  or  as  creditors,  shall  be  settled  and  ad-  Where  to  be  ad- 
iusted  in  the  Department  of  the  Treasury.  justed. 

3  March,  1817,  s.  2,  v.  3,  p.  366. 

Notes. — Settlements  made  of  the  accounts  of  individuals  by  the  accounting  offi. 
cers,  appointed  by  law,  are  final  and  conclusive  so  far  as  the  Executive  Depart 
ments  are  concerned.  Aggrieved  parties  can  apply  to  Congress. — Op.  I,  624' 
n,  302;  V,  176.  ^^  i'  i'yy  ^ 

Adjusted  accounts  should  not,  as  a  rule,  be  re-opened  without  authority  of 
law— Op.  n,  62.5,  640;  ni,  148,  461,  521;  IV,  378;  X,  231;  XI,  129. 

If  duly  settled,  adjusted,  and  closed  by  the  proper  officers,  upon  a  full  knowl- 
edge of  all  the  facts,  and  no  errors  in  calculation  have  been  made,  an  account 
cannot  be  re-opened  without  express  authority  of  law. — Op.  XII,  386 ;  Brown- 
ing, Ap.  20,  1868.     See  also  Op.  IX,  505. 

According  to  the  general  practice  of  the  Treasury,  accounts  are  never  closed ; 
and  in  neither  the  legal  nor  mercantile  sense  of  the  terra  is  an  officer's  account 
with  the  Treasury  ever  "finally  adjusted."— C.  C,  XIV,  114. 

The  accounting  officers  in  settling  accounts  and  claims  have  a  right  to  adopt 
the  report  of  a  committee  in  Congress  as  establishing  the  principles  which  are 
to  govern  them  in  the  examination  thereof.  A  bill  is  considered  part  of  a  re- 
port, and  its  passage  a  virtual  adoption  thereof.  The  report  is  in  the  light  of 
a  preamble  to  the  law. — Op.  I,  596. 

There  is  a  difference  between  the  construction  placed  upon  an  act  by  individual 
membei  s  in  debate  and  the  opinion  of  the  committee  having  the  matter  in  charge. 
Proper  to  look  into  the  report  of  the  committee  in  giving  construction  to  ambigu- 
ous language  in  an  act.— Op.  XIV,  624,  Wiliams,  February  21,  1874. 

The  rejection  of  a  claim,  in  whole  or  in  part,  by  the  accounting  officers  leaves 

135 


126         ACCOUNTING  OFFICERS  AND  ACCOUNTS. 

the  party  free  to  pursue  his  remedy  at  law,  viz,  an  action  in  the  Court  of  Claims 
although  he  may  have  accepted  the  portion  allowed. — C.  C,  XVII,  288. 

A  pure  matter  of  account  belongs  to  the  Department ;  does  not  belong  to  the 
Court  of  Claims  until  it  is  within  the  range  of  judicial  cognizance.  Account- 
ing Bureaus  were  organized  to  settle  accounts;  the  Court  of  Claims  was  estab- 
lished to  adjudicate  claims.  Unless  a  case  becomes  such  as  to  "  involve  dis- 
puted facts  or  controverted  questions  of  law,"  it  is  an  account ;  when  it  does  it 
18  a  claim.— C.  C,  V.  5,  p.  293. 

Commencement  Sec.  237.  The  fiscal  year  of  the  Treasury  of  the  United  States  in  all 
•of  the  fiscal  year,  jnatters  of  accounts,  receipts,  expenditures,  estimates,  and  appropria- 
tions, *  *  shall  commence  on  the  first  day  of  July  in  each  year  ;  and  aU 
accounts  of  receipts  and  expenditures  required  by  law  to  be  published 
annually  shall  be  prepared  and  published  for  the  fiscal  year  as  thus  es- 
tablished.    *     * 

26  Aug.,  1842,  88. 1,  2,  V.  5, p.  536. 
8  May.  1872,  s.  1,  v.  17,  p.  61. 
3  March,  1873,  s.  1,  v.  17,  p.  486. 

|Title7,€hap.  2.      Sec.  250.  The  Secretary  of  the  Treasury  shall  cause  all  accounts  ot 

. ,  "-  the  expenditure  of  public  money  to  be  settled  within  each  fiscal  year, 

account™  withSi  ®^*^®P*  where  the  distance  of  the  places  where  such  expenditure  occurs 
fiscal  year.  may  be  such  as  to  make  further  time  necessary ;  and  in  respect  to  ex- 

penditures at  such  places,  the  Secretary  of  the  Treasury ,  with  the  assent 
of  the  President,  shall  establish  fixed  periods  at  which  a  settlement 
shall  be  required. 

3  March,  1817,  s.  13,  v.  3,  p.  368. 

Notes. — Fractions  of  a  day  are  not  noticed  for  legal  purposes.  If  the  law 
authorizes  a  certain  thing  to  be  done  within  a  certain  number  of  days,  the  first 
day  is  excluded  from  the  calculation.  Divisions  of  a  day  excluded  in  public 
proceedings.— Op.  IX,  132,  Black,  March  10,  1858. 

Whole  quarter  of  a  year  means  a  whole  fiscal  quarter  in  accordance  with  the 
division  of  a  year  used  in  the  Treasury  Department  from  its  organization. — Op. 
ni,  p.  156,  Butler,  Oct.  27,  1836. 

Two  years  from  and  after  the  4th  of  March,  1836,  includes  the  4th  of  March, 
1838.— Op.  Ill,  p.  157,  Butler,  Nov.  3,  1836. 

"From  and  after,"  "On  and  after,"  are  equivalents  of  each  other. — Op.  XIV, 
p.  542,  Williams,  March  10,  1875. 

Eeports    upon     Sec.  260.  The  Secretary  of  the  Treasury  shall  lay  before  Congress  at 
appropriations  ^jje  commencement  of  each  regular  session,  accompanying  his  annual 
-ofWar  and  Navy!  "^t^*®^*^^*  ®f  *^®  public  expenditure,  the  reports  which  may  be  made 
'  to  him  by  the  Auditors  charged  with  the  examination  of  the  accounts 
of  the  Department  of  War  and  the  Department  of  the  Navy,  respect- 
ively, showing  the  application  of  the  money  appropriated  for  those  De- 
partments for  the  preceding  year. 

3  March,  1817,  s.  6,  v.  3,  p.  367. 

Title  7,  Chap.  3.     Sec.  273.  It  shall  be  the  duty  of  the  Second  Comptroller  : 

-p    . „    ,        First.  To  examine  all  accounts  settled  by  the  Second,  Third,  and 

Sec'ond  Comp^ -^^^^^^  Auditors,  and  certify  the  balances  arising  thereon  to  the  Secre- 
troUer.  tary  of  the  Department  in  which  the  expenditure  has  been  incurred. 

Second.  To  countersign  all  warrants  drawn  by  the  Secretaries  of  War 
and  of  the  Navy,  which  shall  be  warranted  by  law.  [See  $  3673,  Ap- 
propriations.] 

•  Third.  To  report  to  the  Secretaries  of  War  and  of  the  Navy  the  offi- 
cial forms  to  be  issued  in  the  different  offices  for  disbursing  the  public 
money  in  those  Departments,  and  the  manner  and  form  of  keeping  and 
stating  the  accounts  of  the  persons  employed  therein. 

Fourth.  To  superintend  the  preservation  of  the  public  accounts  sub- 
ject to  his  revision. 

3  March,  1817,  s.  9,  v.  3,  p.  367. 
7  May,  1822,  s.  3,  v.  3,  p.  689. 

Power  of  Sec-     Sec.  274.  The  Second  Comptroller  may  prescribe  rules  to  govern  the 
end  Comptroller  payment  of  arrears  of  pay  due  to  any  petty  officer,  seaman,  or  other 
M  to  arrears  of  pgj.g(j^  ^^^  g^^  officer,  on  board  any  vessel  in  the  employ  of  the  United 
:  *  States,  which  has  been  sunk  or  destroyed,  in  case  of  the  death  of  such 

petty  officer,  seaman,  or  person,  to  the  person  designated  by  law  to  re- 
ceive the  same. 

4  July,  1864,  s.  3,  v.  13,  p.  390. 


ACCOUNTING  OFFICERS  AND  ACCOUNTS.         127 

Sec.  277.  The  duties  of  the  Auditors  shall  be  :  Title  7,  Chap.  4. 

Fifth.  The  Fourth  Auditor  shall  receive  and  examine  all  accounts     Duties  of  the 
accruing  in  the  Navy  Department  or  relative  thereto,  and  all  accounts  Auditors, 
relating  to  Navy  pensions  ;  and,  after  examination  of  such  accounts,  he 
shall  certify  the  balances,  and  shall  transmit  such  accounts,  with  the 
vouchers  and  certificate,  to  the  Second  Comptroller  for  his  decision 
thereon. 

3  March,  1817,  s.  4,  v.  3,  p.  366.  8  June.  1872,  a.  22,  v.  17,  p.  28. 

20  July,  1868,  s.  1,  v.  15,  p.  106.  3  March,  1849,  s.  3,  v.  9,  p.  395, 415. 

28  July,  1866,  s.  8,  v.  14,  p.  327.  30  June,  1864,  s.  2,  v.  13,  p.  223. 

IfOTES. — Every  account  falling  within  the  scope  of  sec.  277  R.  S.  must  under- 
go, successively,  an  examination  by  the  Auditor  and  the  Comptroller ;  the  action 
of  the  former  is  primary  altogether  and  indefinite  ;  that  of  tne  latter  wholly  re- 
visory and  final.  "Settled,"  equivalent  in  meaning  to  "finally  acted  on."  A  cer- 
tificate to  the  Department  must  he  accompanied  "by  the  auditor's  action ;  need 
not  be  incorporated  in  the  certificate.— Op.  XV,  139,  Taft,  Aug.  2, 1876.  See  also 
192. 

The  President  cannot  interpose  in  the  settlement  of  accounts  by  the  account- 
ing officers  and  direct  credits  to  be  allowed  ;  cannot  interfere  legally  with  the 
duties  belonging  to  the  accounting  officers  :  an  appeal  does  not  lie  to  him  from 
the  determination  of  the  accounting  officers  acting  in  the  sphere  of  their  duties ; 
he  cannot  interfere  in  their  decisions  ;  he  does  not  possess  the  power  to  examine 
into  the  correctness  of  their  settlements  for  the  purpose  of  correcting  any  errors 
they  may  have  committed. —Op.  I,  624,  636,  678,  706,  Wirt ;  II,  507,  544,  Taney ; 
V.  630,  Ciittenden. 

Sec.  283.  The  Auditors  charged  with  the  examination  of  the  accounts  j^^ac^ou^S^^f 
of  the  Departments  of  War  and  of  the  Navy,  shall  keep  all  accounts  of  Departments    of 
the  receipts  and  expenditures  of  the  public  money  in  regard  to  those  War  and  the 
Departments,  and  of  all  debts  due  to  the  United  States  on  moneys  ad-  Navy, 
vanced  relative  to  those  Departments ;  shall  receive  from  the  Second 
Comptroller  the  accounts  which  shall  have  been  finally  adjusted,  and 
shall  preserve  such  accounts,  with  their  vouchers  and  certificates,  and 
record  all  requisitions  drawn  by  the  Secretaries  of  those  Departments, 
the  examination  of  the  accounts  of  which  has  been  assigned  to  them. 
They  shall  annually,  on  the  first  Monday  in  November,  severally  report 
to  the  Secretary  of  the  Treasury  the  application  of  the  money  appro- 
priated for  the  Dei).artment  of  War  and  the  Department  of  the  Navy, 
and  they  shall  make  such  reports  on  the  business  assigned  to  them  as 
the  Secretaries  of  those  Departments  may  deem  necessary  and  require. 
3  March,  1817,  ss.  5,  6,  v.  3,  p.  367.  / 

£examtnation  of  accounts    under  exhausted  appropriations. 

^ee  APPROPRIATIONS.] 

[adjustment  of  LIABILITIES  WITH  "GENERAL  ACCOUNT  AT  ADVANCES." 
See  APPROPRIATIONS.  ] 

Sec.  297.  The  several  Auditors  are  empowered  to  administer  oaths  to    i^— ^^^^  ^^ 
witnesses  in  any  case  in  which  they  may  deem  it  necessary  for  the  due  *  ™"^^^    ''*** 
examination  of  the  accounts  with  which  they  shall  be  charged. 

3  March,  1817,  s.  12,  v.  3,  p.  368. 
8  June,  1872,  s.  24,  v.  17,  p.  288. 

Sec.  3673.  All  moneys  appropriated  for  the  use  of  the  War  and  Navy        ^*^'^  **• 
Departments  shall  be  drawn  from  the  Treasury,  by  warrants  of  the  Sec-     Drafts  for  War 
retary  of  the  Treasury,  upon  the  requisitions  of  the  Secretaries  of  those  and  Navy  De- 
Departments,  respectively,  countersigned  by  the  Second  Comptroller  of  P*^*°^®"*^- 
the  T"reasury,  and  registered  by  the  proper  Auditor.     [March  4, 1874,  v. 
18,  p.  19,  modifies  as  to  War  Department.] 

7  May,  1822,  s.  3,  v.  3,  p.  689. 

3  March,  1817,  ss.  5,  9,  v.  3,  p.  367. 

Sec.  3675.  All  warrants  drawn  by  the  Secretary  of  the  Treasury,  upon  j^g  aM  cha?3^ 
the  Treasurer  of  the  United  States,  shall  specify  the  particular  appro-  warrants, 
priation  to  which  the  same  should  be  charged  ;  and  the  moneys  j)aid  by 
virtue  of  such  warrants  shall,  in  conformity  therewith,  be  charged  to 
such  appropriation  in  the  books  of  the  Secretary,  First  Comptroller,  and 
Register. 

3  March.  1809,  s.  1,  v.  2,  p.  535. 
2  Sept,,  1789,  8.  6,  v.l,  p.  67. 


128  ACCOUNTS    OF   LOST   VESSELS    AND    CLOTHING. 

ACCOUNTS  OF  LOST  VESSELS  ANB  CLOTHING. 


Sec. 

274.  Payments  to  representatives  of  person  lost. 
284.  Settlement  of  accounts  of  paymaster  of  lost  or 
captured  public  vessels. 


Sec. 

288.  Compensation  for  personal  effects  lost. 

289.  Payment  of  accounts  of  deceased  petty  offi- 
cers, seamen,  &,c.,  of  lost  vessel. 


286.  Fixing  date  of  loss  of  missing  vessels.  290.  Allowance  for  effects  of  officer  of  lost  vessel. 

287.  Accounts  of  petty  officers,  seamen,  &c.,  on 

lost  vessel.  I 

Title  7,  Cbap.  3.       Sec.  274.  The  Second  Comptroller  may  prescribe  rules  to  govern  the 
Arrears  of  pay  P^y^^^^*  ^^  arrears  of  pay  due  to  any  petty  officer,  seaman,  or  other 
to  deceased  per-  person  not  an  officer,  on  board  any  vessel  in  the  employ  of  the  United 
sons.  States,  Avhich  has  been  sunk  or  destroyed,  in  case  of  the  death  of  such 

petty  officer,  seaman,  or  person,  to  the  person  designated  by  law  to  re- 
ceive the  same. 

4  July,  1864,  s.  3,  v.  13,  p.  390. 

Title  7,  Chap.  4.  Sec.  284.  In  every  case  of  the  loss  or  capture  of  a  vessel  belonging  to 
■  g  .  .  r  ithe  Navy  of  the  United  States,  the  proper  accounting  officers  of  the 
account™of  pay-  Treasury,  under  the  direction  of  the  Secretary  of  the  Navy,  are  author- 
master  of  lost  or  ized,  in  the  settlement  of  the  accounts  of  the  paymaster  of  such  ves- 
captured  public  sel,  to  credit  him  with  such  portion  of  the  amount  of  the  provisions, 
vessels.  clothing,  small  stores,  and  money,  with  which  he  stands  charged  on  the 

books  of  the  Fourth  Auditor  of  the  Treasury,  as  they  shall  be  satis- 
fied was  inevitably  lost  by  such  capture  or  loss  of  a  public  vessel ;  and 
such  paymaster  shall  be  fully  exonerated  by  such  credit  from  all  liability 
on  account  of  the  provisions,  clothing,  small  stores,  and  money  so  proved 
to  have  been  captured  or  lost. 

3  March,  1847,  s.  6,  v.  9,  p.  173. 
22  June,  1860,  s.  3,  v.  12,  p.  83. 

Fixing  date  of  Sec.  286.  The  proper  accounting  officers  of  the  Treasury  are  author- 
loss  of  missing  i2ed,  under  the  direction  of  the  Secretary  of  the  Navy,  in  settling  the 
vesse  .  accounts  of  seamen,  and  others,  not  officers,  borne  on  the  books  of  any 

vessel  in  the  Navy  which  shall  have  been  wrecked,  or  which  shall  have 
been  unheard  from  so  long  that  her  wreck  may  be  presumed,  or  which 
shall  have  been  destroyed  or  lost  with  the  rolls  and  papers  necessary  to 
a  regular  and  exact  settlement  of  such  accounts,  to  fix  a  day  when  such 
wreck,  destruction,  or  loss  shall  be  deemed  to  have  occurred. 

4  July,  1864,  s.  1,  v.  13,  p.  389. 

Accounts  of  Sec.  287.  The  proper  accounting  officers  of  the  Treasury  are  author- 
petty  ^'^^^^  ized,  in  settling  the  accounts  of  the  petty  officers,  seamen,  and  others, 
lostTeBsel.*^ '  ^®t  officers,  on  board  of  any  vessel  in  the  employ  of  the  United  States, 
which  by  any  casualty,  or  in  action  with  the  enemy,  has  been  or  may 
be  sunk  or  otherwise  destroyed,  together  with  the  rolls  and  papers 
necessary  to  the  exact  ascertainment  of  the  several  accounts  of  the  same 
at  the  date  of  such  loss,  to  assume  the  last  quarterly  return  of  the  pay- 
master of  any  such  vessel  as  the  basis  for  the  computation  of  the  subse- 
quent credits  to  those  on  board,  to  the  date  of  such  loss,  if  there  be  no 
official  evidence  to  the  contrary.  Where  such  quarterly  return  has, 
from  any  cause,  not  been  made,  the  accounting  officers  are  authorized 
to  adjust  and  settle  such  accounts  on  principles  of  equity  and  justice. 
[See  $274.] 

Idem,  s.  2. 

Compensation     Sec.  288.  The  proper  accounting  officers  of  the  Treasury  Department 

for  personal  ef-  ^re  authorized,  in  settling  the  accounts  of  the  petty  officers,  seamen, 

ec  s  08  .  ^^^  others,  not  officers,  on  board  of  any  vessel  in  the  employ  of  the 

United  States,  which,  by  any  casualty,  or  in  action  with  the  enemy, 

has  been  or  may  be  sunk  or  otherwise  destroyed,  to  allow  and  pay  to 

each  person,  not  an  officer,  employed  on  the  vessel  so  sunk  or  destroyed, 

and  whose  personal  effects  have  been  lost,  a  sum  not  exceeding  sixty 

dollars,  as  compensation  for  the  loss  of  his  personal  effects. 

Idem,  8.  2. 

Payment  of  ac-      Sec.  289.  In  case  of  the  death  of  any  such  petty  officer,  seaman,  or 

counts  of  ^-  other  person,  not  an  officer,  such  payment  shall  be  made  to  the  widow, 

cers.^e^nei^&c.  child  or  children,  father,  mother,  or  brothers  and  sisters  jointly,  follow- 

of  lost  vessel.     '  ing  that  order  of  preference ;  such  credits  and  gratuity  to  be  paid  out 

of  any  money  in  the  Treasury  not  otherwise  appropriated. 

Idem.  s.  3. 


ADVERTISING. 


129 


The  "  legal  ropresentativee  "  of  tieceased  persons  are  generally  their  execu- 
tors or  their  administrators,  but  may  mean  their  heirs  or  next  of  kin. — Op.  Ill, 
29;  VII,  (50;  XIV,  515;  C.  C,  IV,  456;  ^Wallace,  XIII,  351. 

To  insert  "marines"  ard  to  construe  orphans  to  mean  father  or  mother  or 
hrotht  r  or  sister,  would  he  legislation,  not  interpretation.— Op.  VIII,  28,  Aug.  8, 
18'(>,  Cushing,  on  the  constmction  of  relief  acts. 

■     '  dpt 

!  decided  by  the  court  rather 


"Wliere  money  is  due  to  the  heirs  of  a  deceased  person  and  there  is  a  dispute 
as  to  the  legal  descent,  the  latter  question  should  be  decidf  ■  ' 
than  by  the  executive  oflBcers.— Op.  V,  670,  Jan.  28,  1853. 


Sec.  tdVO.  In  case  auy  oflScer  of  the  Navy  or  Marine  Corps  on  board  a    Allowance  for 
vessel  iij  tlie  employ  of  the  United  States  which,  by  any  casualty,  or  in  ®|^^^*|°^^j^^®' 
action  with  the  enemy,  at  any  time  since  the  nineteenth  day  of  April,  ^ 
eighteen  hnndied  and  tdxty-one,  has  been  or  may  be  sunk  or  destroyed, 
shall  thereby  have  lost  his  personal  efiects,  without  negligence  or  want 
of  skill  or  foresight  on  his  part,  the  proper  accounting  officers  are  au- 
thorized, with  the  ajiproval  of  the  (Secretary  of  the  Navy,  to  allow  to 
such  officer  a  sum  not  exceeding  the  amount  of  his  sea-pay  for  one 
month  as  compensation  for  such  loss.     But  the  accounting  officers  shall 
in  all  cases  require  a  schedule  and  ceititicate  from  the  officer  making 
the  claim  for  eifects  so  lost. 

6  April,  1866,  s.  l,v.  14,  p.  14. 

[For  continuation  of  pay  to  officers  and  crews  of  lost  vessels,  see  $$ 
1574  and  1575,  Part  I,  page  69.] 

ADVERTISING. 


Sec. 

3828.  Written  authority  required. 

Eestriction  on  advertising  in  the  District  of 

Columbia. 

Prices  to  be  paid. 


Sec. 


3709. 
3718. 


Paperstobeused  in  the  Districtof  Columbia, 
Advertisement  for  supplies  and  services. 
Advertisement  for  provisions,  &c.,andtrans- 
poitation. 


Title  45. 


Sec.  3828.  No  advertisement,  notice,  or  proposal  for  any  Executive 
Department  of  the  Government,  or  for  any  Bureau  thereof,  or  for  any  ~"TT — ~7 — ~. — 
office  therewith  connected,  shall  be  published  in  any  newspaper  v^hat- men^withotitau 
ever,  except  in  pursuance  of  a  written  authority  for  such  publication  thority. 
from  the  head  of  such  Department ;  and  no  bill  for  any  such  advertis- 
ing, or  publication,  shall  be  paid,  unless  there  be  presented,  with  such 
bill,  a  copy  of  such  Avritten  authority. 

15  July,  1870,  8.  2,  v.  16^  p.  308. 

Note. — The  provisions  of  section  3828,  forbidding  the  publication  of  advertise- 
ments for  any  Executive  Department  of  the  Government,  or  for  any  Bureau 
thereof,  or  for  any  office  therewith  connected,  except  "under  written  authority 
from  the  head  of  the  Department,"  extend  to  ofhces  connected  as  aforesaid,  no 
matter  where  located.— Op.  XVI,  616,  Phillips,  Dec.  16, 1878. 

In  no  case  of  advertisement  for  contracts  for  the  public  service  shall     July  31, 1876. 

the  same  be  published  in  any  newspaper  published  and  printed  in  the  -^       .  .. " 

District  of  Columbia  unless  the  supplies  or  labor  covered  by  such  ad-  advSisTg'iS 
vertisement  are  to  be  furnished  or  performed  in  said  District  of  Colum-  the  District  of 
bia.     l^eepost.^  Columbia. 

July  31,  1876,  ch.  246,  v.  19,  p.  102. 

Hereafter  all  advertisements,  notices,  proposals  for  contracts,  and  all     June 20, 1878, 
forms  of  ad  vertising  required  by  law  for  the  several  Departments  of  the     p   .         .     . 
Government  may  be  paid  for  at  a  price  not  to  exceed  the  commercial  paid, 
rates  charged  to  private  individuals,  with  the  usual  discounts;  such 
rates  to  be  ascertained  from  sworn  statements  to  be  furnished  by  the 
proprietors  or  publishers  of  the  newspapers  proposing  so  to  advertise. 
*     *     *    But  the  heads  of  the  several  Departments  may  secure  lower 
terms  at  special  rates  whenever  the  public  interest  requires  it. 
June  20,  1878,  ch.  359,  v.  20,  p.  306. 

All  advertising  required  by  existing  laws  to  be  done  in  the  District  January  21, 1881. 
of  Columbia  by  any  of  the  Departments  of  the  Government  shall  be   Advertisements 
given  to  one  daily  and  one  weekly  newspaper  of  each  of  the  two  prin-  in  the  District  of 
cipal  political  parties,  and  to  one  daily  and  one  weekly  neutral  news-  Columbia, 
paper :  Provided,  That  the  rates  of  compensation  for  such  service  shall 
in  no  case  exceed  the  regular  commercial  rate  of  the  newspapers  se- 
lected; nor  shall  any  advertisement   be  paid  for  unless  published  in 
accordance  with  section  thirty-eight  hundred  and  twenty-eight  of  the 
Revised  Statutes. 

11181 9 


130 


APPROPRIATIONS ESTIMATE  S . 


Sec.  2.  All  laws  or  parts  of  laws  inconsistent  herewith  are  hereby  re- 
pealed. 

January  21,  1881,  ch.  25,  v.  21,  p.  317. 

Title  43.  Sec.  3709.  All  purchases  and  contracts  for  supplies  or  services,  in 

"Tl    ZT.  r  any  of  the  Departments  of  the  Government,  except  for  personal  serv- 

fOT  proposlos?^  ^ices,  shall  be  made  by  advertising  a  sufficient  time  previously  for  pro- 
posals respecting  the  same,  when  the  public  exigencies  do  not  require 
the  immediate  delivery  of  the  articles,  or  performance  of  the  service. 


2  March,  1861,  s.  10,  v.  12,  p.  220. 

Advertisements  Sec.  3718.  *  *  In  the  case  of  provisions,  clothing,  hemp,  and  other 
for  clothing,  materials,  the  Secretary  of  the  Navy  shall  advertise,  once  a  week,  for 
hemp,  &c.  at  least  four  weeks,  in  one  or  more  of  the  principal  papers  published  in 

the  place  where  such  articles  are  to  be  furnished,  for  sealed  proposals 
for  furnishing  the  same.  *  *  *  In  the  case  of  transportation  of  such 
articles,  he  shall  advertise  for  a  period  of  not  less  than  five  days.  *  * 
[See  21  Jan.,  1881,  arite.^ 

3  March,  1843,  v.  5,  p.  617. 

See  Notes,  p.  25,  Part  I. 


APPROPRIATIONS— ESTIMATES. 


430.   Estimates  for  expenses. 

Manner  of  communicating  estimates. 

Estimates  for  printing  and  binding. 

Estimates  for  salaries. 

Requisites  of  estimates  for  appropriations 
for  public  works. 

"What  additional  explanations  are  required. 

Amount  of  outstanding  appropriation  to  be 
designated. 

Items  of  expenditure  to  be  specified  in  esti- 
mates and  accounts. 

Estimates  for  pay  of  jS^avy. 

Estimates  of  claims,  &o.,  on  Navy  pension- 
fund. 

Estimates  to  be  submitted  to  Congress. 

"What   statements    shall    accompany   esti- 
mates. 
3672.   Sales  of  public  property  to  be  included  in 

book  of  estimates. 
Estimates  to  be  furnished  by  1st  October. 


3661. 


3664 
3665, 


3667. 


3670. 


Sec. 

3673.    Drafts  of  "War  and  Navy  Departments. 

3675.  Form  of  drjiwing  and  charging  warrants. 

3676.  Appropriations  for  Navy  controlled  by  Secret 
tary;  for  each  Bureau  "to  be  kept  separately. 

Application  of  moneys  appropriated. 
No  expenditures  beyond  appropriations. 
Expenses  of  commissions  and  inquiries. 
Contingent,  &c.,  expenses. 
Special  appropriations  available  only  for  two 

years,  excejil,  (fee. 
Foreign  hydrographic  surveys. 
Permanent  indefinite  appropriations. 
Expenditure  of  balances  of  appropriation*. 
Disposals  of  balances  after  two  years. 
Unexpended  balances  of  appropriations. 
Proceeds  of  certain  sales  of  material. 
"General  account  of  advances." 
Statement  of  receipts,    expenditures,  and 

balances. 


3678. 
3679. 
3681. 
3682. 
3685. 


3691. 
3692. 


Title  10. 


Estimates 
expenses. 


Title  41. 


estimates. 

Sec.  430.  All  estimates  for  specific,  general,  and  contingent  expenses 
— -  of  the  Department,  and  of  the  several  Bureaus,  shall  be  furnished  to 
^^^  the  Secretary  of  the  Navy  by  the  chiefs  of  the  respective  Bureaus.     [See 
^3^66,  post.] 

5  July,  1862,  s.  5,  v.  12,  p.  511. 

Sec.  3660.  The  heads  of  Departments,  in  communicating  estimates  of 

— ri- expenditures  and  appropriations  to  Congress,  or  to  any  of  the  commit- 

muntcSg  e^sti- *®®^  thereof,  shall  specify,  as  nearly  as  may  be  convenient,  the  sources 
mates.  from  which  such  estimates  are  derived,  and  the  calculations  upon  which 

they  are  founded,  and  shall  discriminate  between  such  estimates  as  are 
conjectural  in  their  character  and  such  as  are  framed  upon  actual  in- 
formation and  applications  from  disbursing  officers.  They  shall  also 
give  references  to  any  law  or  treaty  by  which  the  proposed  expendi- 
tures are,  respectively,  authorized,  specifying  the  date  of  each,  and  the 
volume  and  page  of  the  Statutes  at  Large,  or  of  the  Revised  Statutes, 
as  the  case  may  be,  and  the  section  of  the  act  in  which  the  authority 
is  to  be  found.  [See  3  March,  1875,  p.  13*2.] 
26  Aug.,  1842,  s.  14,  v.  5,  p.  525. 

Estimates  for  Sec.  3661.  The  head  of  each  of  the  Executive  Departments,  and 
printing  and  every  other  public  officer  who  is  authorized  to  have  printing  and  bind- 
bmdmg.  j^^g  ^^ne  ^t  the  Congressional  Printing-Office  for  the  use  of  his  Depart- 

ment or  public  office,  shall  include  in  his  annual  estimate  for  appropria- 
tions for  the  next  fiscal  year  such  sum  or  sums  as  may  to  him  seem  nee- 


( 


APPROPRIATIONS ESTIMATES.  131 

essary  ''for  printing  and  "biDding,  to  be  executed  under  the  direction 
of  the  Congressional  Printer."    [See  $  3802,  Public  Documents.] 

8  May,  1872,  s.  2,  v.  17,  p.  82. 

Sec.  3662.  All  estimates  for  the  compensation  of  officers  authorized    Estimates    for 
by  law  to  be  employed  shall  be  founded  upon  the  express  provisions  of  salaries, 
law,  and  not  upon  the  authority  of  executive  distribution. 
3  March,.  1855,  s.  8,  v.  10,  p.  670. 

Sec.  3663.  Whenever  any  estimate  submitted  to  Congress  by  the  head  q^I^^I^q^  IoJ 
of  a  Department  asks  an  appropriation  for  any  new  specific  expenditure,  appropriation  for 
such  as  the  erection  of  a  public  building,  or  the  construction  of  any  public  works, 
public  work,  requiring  a  plan  before  the  building  or  work  can  be  prop- 
erly completed,  such  estimate  shall  be  accompanied  by  full  plans  and 
detailed  estimates  of  the  cost  of  the  whole  work.     All  subsequent  esti- 
mates for  any  such  work  shall  state  the  original  estimated  cost,  the 
aggregate   amount  -theretofore   appropriated  for  the  same,   and  the 
amount  actually  expended  thereui)on,  as  well  as  the  amount  asked  for 
the  current  year  for  which  such  estimate  is  made.     And  if  the  amount 
asked  is  in  excess  of  the  original  estimate,  the  full  reasons  for  the  ex- 
cess, and  the  extent  of  the  anticipated  excess,  shall  be  also  stated.     [See 
I  3734,  Contracts,  Part  I,  p.  28.J 

17  June,  1844,  s.  2,  v.  5,  p.  693. 
3  March,  1855,  s.  8,  v.  10,  p.  670. 
27  Feb.,  1877,  v.  19,  p.  249. 

Sec.  3664.  Whenever  the  head  of  a  Department,  being  about  to  sub-  What  additional 
mit  to  Congress  the  annual  estimates  of  expenditures  required  for  the  explanations  are 
coming  year,  finds  that  the  usual  items  of  such  estimates  vary  materi-  required, 
ally  in  amount  from  the  appropriation  ordinarily  asked  for  the  object 
named,  and  especially  from  the  appropriation  granted  for  the  same  ob- 
jects for  the  preceding  year,  and  whenever  new  items  not  theretofore 
usual  are  introduced  into  such  estimates  for  any  year,  he  shall  accom- 
pany the  estimates  by  minute  and  full  explanations  of  all  such  varia- 
tions and  new  items,  showing  the  reasons  and  grounds  upon  which  the 
amounts  are  required,  and  the  difl^erent  items  added.     [See  March  3, 
1875,  post.  ] 

Ibid. 

Sec,  3665.  The  head  of  each  Department,  in  submitting  to  Congress    Amount  of  out- 
his  estimates  of  expenditures  required  in  his  Department  during  the  ^riafj^^  to  ^b* 
year  then  approaching,  shall  designate  not  only  the  amount  required  designated.        ^ 
to  be  appropriated  for  the  next  fiscal  year,  but  also  the  amount  of  the 
outstanding  appropriation,  if  there  be  any,  which  will  probably  be  re- 
quired for  each  particular  item  of  expenditure.     [See  $  429,  Navv  De- 
partment.— Reports  to  be  made  by  the  Secretary  of  the  Navy.] 
2  June,  1858,  s.  2,  v.  11,  p.  308. 

Sec.  3666.  The  estimates  for  expenditures  required  by  the  Depart-     Items   of    ex- 
ment  of  the  Navy  for  the  following  purposes  shall  be  given  in  detail,  penditure  to  be 
and  the  expenditures  made  under  appropriations  therefor  shall  be  ac-  mat"s    an^  ^ac- 
counted for  so  as  to  show  the  disbursements  of  each  Bureau  under  counts, 
each  respective  appropriation : 

First.  Freight  and  transportation. 

Second.  Printing  and  stationery. 

Third.  Advertising  in  newspapers. 

Fourth.  Books,  maps,  models,  and  drawings. 

Fifth.  Purchase  and  repair  of  fire-engines  and  machinery. 

Sixth.  Repairs  of  and  attending  to  steam-engines  in  navy-yards. 

Seventh.  Purchase  and  maintenance  of  horses  and  oxen,  and  driv- 
ing teams. 

Eighth.  Carts,  timber-wheels,  and  the  purchase  and  repair  of  work- 
men's tools. 

Ninth.  Postage  of  public  letters.    • 

Tenth.  Fuel,  oil,  and  candles  for  navy-yards  and  shore-stations. 

Eleventh.  Pay  of  watchmen  and  incidental  labor  not  chargeable  to 
any  other  appropriation. 

Twelfth.  Transportation  to,  and  labor  attending  the  delivery  of  pro- 
visions and  stores  on  foreign  stations. 

Thirteenth.  Wharfage,  dockage,  and  rent. 

Fourteenth.  Traveling  expenses  of  officers  and  others  under  orders. 

Fifteenth.  Funeral  expenses. 


132  APPROPRIATIONS ESTIMATES. 

Sixteenth.  Store  and  office  rent,  fuel,  commissions,  and  pay  of  clerks 
to  navy-agents  and  store-keepers. 

Seventeenth.  Flags,  awnings,  and  packing-boxes. 

Eighteenth.  Premiums  and  other  expenses  of  recruiting. 

Nineteenth.  Apprehending  deserters. 

Twentieth.  Per-diem  pay  to  persons  attending  courts-martial,  courts 
of  inquiry,  and  other  services  authorized  by  law. 

Twenty-first.  Pilotage  and  towage  of  vessels,  and  assistance  to  ves- 
sels in  distress. 

Twenty-second.  Bills  of  health  and  quarantine  expenses  of  vessels 
of  the  United  States  Navy  in  foreign  ports.     [See  $  430,  ante.']  ' 

22  June,  1860,  s.  1,  v.  12,  p.  81. 

23  Feb.,  1881.        Hereafter  the  estimates  for  pay  of  the  Navy  shall  be  submitted  in  the 
Estimates  f  o  r  l>ook  of  estimates  in  detailed  classifications  and  paragraphs,  after  the 
pay  of  the  Navy,  manner  above  set  forth. 

23  Feb.,  1881,  v.  21,  p.  331. 

[Paragraph!.  Pay  of  Active  List ;  II.  Pay  of  Retired  List;  III.  Pay  of  petty 
officers  and  seamen;  IV.  Pay  of  clerks,  secretaries,  mileage,  &c.,  giving  class* 
iflcation  and  number  in  each  case,  when  possible.] 

T^tle  41.  Sec.  3667.  The  Secretary  of  the  Navy  shall  annually  submit  to  Con- 

Estimates    for  gress  estimates  of  the  claims  and  demands  chargeable  upon  and  pay- 
Kavy   pension-  able  out  of  the  naval  pension  fund. 
^^^^'  11  July,  1870,  V.  16,  p.  222. 

Estimatestobe     Sec.  3669.  All  annual  estimates  for  the  public  service  shall  be  sub- 
Congress,  mitted  to  Congress  through  the  Secretary  of  the  Treasury,  and  shall  be 
included  in  the  book  of  estimates  prepared  under  his  direction. 

2  Sept..  1789,  s.  2,  v.  1,  p.  65. 
10  March,  1800,  v.  2,  p.  79. 

7  Jan.,  1846,  Res.,  v.  9,  p.  108. 
4  Aug.,  1854,  8.  15,  V.  10,  p.  573. 
18  May,  1865,  s.  4,  v.  14,  p.  49. 

Wli  at  state-     Sec.  3670.  The  Secretary  of  the  Treasury  shall  annex  to  the  annual 
company    e^tT-  estimates  of  the  appropriations  required  for  the  public  service,  a  state- 
mates,  ment  of  the  appropriations  for  the  service  of  the  year,  which  may  have 
been  made  by  former  acts. 

1  May,  1820,  s.  8,  v.  3,  p.  568. 

Statement     of     Sec.  3672.  A  detailed  statement  of  the  proceeds  of  all  sales  of  old 

proceeds  of  sales  material,  condemned  stores,  supplies,  or  other  public  property  of  any 

o  o     ma  en   .     i^j^^^  except  materials,  stores,  or  supplies  sold  to  officers  and  soldiers 

of  the  Army,  or  to  exploring  or  surveying  expeditions  authorized  by 

law,  shall  be  incl  uded  in  the  appendix  to  the  book  of  estimates. 

8  May,  1872,  s.  5,  v.  17,  p.  83. 
27  Feb.,  1877,  V.  19,  p.  249. 

March 3, 1875.        That  it  shall  be  the  duty  of  the  heads  of  the  several  Executive  De- 
Estimates  P^^tments,  and  of  other  officers  authorized  or  required  to  make  esti- 
when  to  be  fur-  mates,  to  furnish  to  the  Secretary  of  the  Treasury,  on  or  before  the  first 
nisbed.  day  of  October  of  each  year,  their  annual  estimates  for  the  public  serv- 

ice, to  be  included  in  the  book  of  estimates  prepared  by  law  under 
his  direction ;  and  the  Secretary  of  the  Treasury  shall  submit,  as  a 
Extracts  from  part  of  the  appendix  to  the  book  of  estimates,  such  extracts  from  the 
'l^d^**°  ^^  "^'annual  reports  of  the  several  heads  of  Departments  and  Bureaus  as 
dix  to  e^^ixnSies.  relate  to  estimates  for  appropriations,  and  the  necessities  therefor. 

3  March,  1875,  s.  3,  v.  18,  p.  340. 

APPROPRIATIONS. 

"^^^^^  *^'  Sec.  3673.  All  moneys  appropriated  for  the  use  of  the  War  and  Navy 

Drafts  for  War  Departments  shall  be  drawn  from  the  Treasury,  by  warrants  of  the  Sec- 

and  Navy  De-  retary  of  the  Treasury,  upon  the  requisitions  of  the  Secretaries  of  those 

partments.  Departments,  respectively,  countersigned  by  the  Second  Comptroller  of 

the  Treasury,  and  registered  by  the  proper  Auditor.     [See  $  $  273, 277, 

under  Accounts.] 

7  May,  1822,  s.  3,  v.  3,  p.  689. 

3  March,  1817,  s.  5,  9,  v.  3,  p.  367. 

Note. — The  different  subdivisions  ordinarily  employed  in  an  appropriation  act, 
\it,  Legislative,  Executive,  Judicial,  are  intended  to  classify  the  appropriations 
and  not  to  designate  the  Department  to  which  they  belong.— C.  G.,  XI,  152 ;  91 
17.  S.  H.,  317. 


APPROPRIATIONS ESTIMATES.  133 

Appropriations :  Permanent,  those  for  an  indeflnito  period ;  indefinite,  those 
in  which  no  amount  is  named.  TTnexpended  balances  may  be  applied  to  expenses 
properly  incurred  within  the  year,  and  upon  contracts  made  within  the  year, 
but  not  performed  until  later.  Appropriations  which  in  terras  are  for  one  year 
cannot  be  used  for  payment  of  expenses  not  incurred  in  the  year.  Money 
cannot  be  taken  by  counter  requisftion  to  settle  old  accounts.— Op.,  XTII,  289, 
July  57, 1870,  Akerman. 

Sec.  3675.  All  warrants  drawn  by  the  Secretary  of  the  Treasury,  upon  .  "PoTm  of  draw- 
the  Treasurer  of  the  United  States,  shall  specify  the  particular  appro-  ^fr^Ss.  ^^^°^ 
priation  to  which  the  same  should  he  charged ;  and  the  moneys  paid 
by  virtue  of  such  warrants  shall,  in  conformity  therewith,  be  charged 
to  such  appropriation  in  the  books  of  the  Secretary,  First  Comptroller, 
and  Register. 

3  March,  1809,  s.  1,  v.  2,  p.  535. 

2  Sept.,  1789,  s.  6,  v.  1,  p.  67. 

Sec.  3676.  All  appropriations  for  specific,  general,  and  contingent  ex-     Appropriation 

penses  of  the  Navy  Department  shall  be  under  the  control  and  expended  ^^^..  -^^J^a  ^^^' 

by  the  direction  of  the  Secretary  of  the  Navy,  and  the  appropriation  Ja^yrf of  e^ach 

for  each  Bureau  shall  be  kept  separate  in  the  Treasury.  Bureau tobekept 

5  July,  1862,  s.  5,  v.  12,  p.  511.  separately. 

^N'OTES. — The  Secretary  of  the  Navy  can  draw  on  the  contingent  fund  for  pur- 
poses of  a  contingent  character — that  is,  such  as  might  or  might  not  happen, 
and  which  Congress  could  not  easily  foresee,  and  therefore  could  not  provide  for 
definitely.— Op.  I,  302,  Wirt. 

The  words  "Contingent  expenses,"  as  used  in  the  appropriation  acts,  mean 
such  incidental,  casual  expenses  as  are  necessary,  or  at  least  appropriate  and 
convenient,  in  order  to  the  performance  of  the  duties  required  by  law  of  the  De- 
partment or  the  office  for  wnich  the  appropriation  is  made. — Op.  XVI,  412,  De- 
vens,  Dec.  19,  1879. 

The  appropriations  for  Contingent  of  the  Bureaus  (Civil)  are  merged  with 
that  for  the  Secretary's  Office  by  Legislative  Act  approved  March  3, 1883. 

Sec.  3678.  All  sums  appropriated  for  the  various  branches  of  expend- j^o^^ifg  ^pro- 
iture  in  the  public  service  shall  be  applied  solely  to  the  objects  for  priated. 
which  they  are  respectively  made,  and  for  no  others. 

3  March,  1809,  s.  1,  v.  2,  p.  535. 
12  Feb.,  1868,  s.  2,  v.  15,  p.  36. 

Notes. — Section  3678  extends  only  to  such  cases  as  relate  to  "proceeds  of 
sales" — receipts  which  are  in  the  nature  of  revenue  belonging  to  no  appropri- 
ation, and  not  available  for  expenditure  without  authority  from  Congress.  It 
does  not  prohibit  one  Depaitment  from  supplying  articles  to  another,  and  the 
transferof  appropriations  to  makereimbursements. — Op.,  Dec.  20, 1882,  Brewster. 

Section  3678  makes  unlawful  the  diversion  of  funds  appropriated  for  one  object 
of  expenditure  to  another  object  of  expenditure,  and  forbids  an  appropriation 
for  any  purpose  to  be  thus  enlarged  beyond  the  amount  thereof,  as  fixed  by  Con- 
gress. The  furnishing  of  articles  by  one  Department  to  another,  and  subse- 
quent reimbursements  by  transfer  of  appropriation,  not  a  diversion  or  an  en- 
largement contemplated  i)y  this  section. — Op.,  Dec.  20,  1882,  Brewster. 

Sec.  3679.  No  Department  of  the  Government  shall  expend,  in  any  ^^^g  ]^g^®^  a^pi 
one  fiscal  year,  any  sum  in  excess  of  appropriations  made  by  Congress  propriations. 
for  that  fiscal  year,  or  involve  the  Government  in  any  contract  for  the 
future  pavment  of  money  in  excess  of  such  appropriations.     [See  $  $ 
3732, 3733,' 5503,  Contracts,  Part  I,  p.  28.] 

12  July,  1870,  s.  7,  v.  16,  p.  251. 
Note. — No  contract  can  be  made  for  rent  of  buildingvS  until  appropriations  are 
made  therefor.    See  Part  I,  p.  31. 

Sec.  3681.  No  accounting  or  disbursing  officer  of  the  Government  shall 
allow  or  pay  any  account  or  charge  whatever,  growing  out  of,  or  in  any 
way  connected  with,  any  commission  of  inquiry,  except  courts-martial 
or  courts  of  inquiry  in  the  military  or  naval  service  of  the  United  States, 
until  special  appropriations  shall  have  been  made  by  law  to  pay  such 
accounts  and  charges     *     "^     *. 

26  Aug.,  1842,  s.  25,  v.  5,  p.  533. 

See  Op.  IV,  p.  106,  Oct.  25, 1842. 

Sec.  3682.  No  moneys  appropriated  for  contingent,  incidental,  or  mis-  '^ttneent^^&c'^ 
cellaneous  purposes  shall  be  expended  or  paid  for  official  or  clerical  appropriations.  ' 
compensation.     [See  under  Contingent  Funds.] 

Idem,  8.  3,  p.  250. 
Sec.  3685.     *     *     *     In  no  case  shall  any  special  appropriation   be     Special  appro- 
available  for  more  than  two  years  without  further  provision  of  law.  JJ\e  ^fj^r^two 
[Exception  for  establishing  light-houses.  ]  years. 

10  June,  1872,  s.  1,  v.  17,  p.  355. 


134  APPROPRIATIONS ESTIMATES. 

Foreign  hydro-  Sec.  3686.  All  appropriations  made  for  the  preparation  or  publication 
graphic  surveys,  ^f  foreign  hydrographic  surveys  shall  only  be  applicable  to  their  ob- 
ject, upon  the  approval  by  the  Secretary  of  the  Navy,  after  a  report 
from  three  competent  naval  officers,  to  the  effect  that  the  original  data 
for  proposed  charts  are  such  as  to  justify  their  publication^  and  it  is 
hereby  made  the  duty  of  the  Secretary  of  the  Navy  to  order  a  board  of 
three  naval  officers  to  examine  and  report  upon  the  data,  before  he 
shall  approve  of  any  application  of  money  to  the  preparation  or  pub- 
lication of  such  charts  or  hydrographic  surveys. 
21  Feb.,  1861,  s.  7,  v.  12,  p.  150.      , 

Permanent  in-  Sec.  3689.  There  are  appropriated,  out  of  any  moneys  in  the  Treas- 
definite  appro-  ^ry  not  otherwise  appropriated,  for  the  purposes  hereinafter  specified, 
priationa.  such  sums  as  may  be  necessary  for  the  same  respectively ;  and  such  ap- 

propriations shall  be  deemed  permanent  annual  appropriations.  *  *  * 
Allowance  for  reduction  of  wages  under  eight-hour  law  : 
Of  such  sum  as  may  be  required  in  the  settlement  of  all  accounts  for 
the  services  of  laborers,  workmen,  and  mechanics  employed  by  or  on 
behalf  of  the  Government,  between  the  twenty-fifth  day  of  June, 
eighteen  hundred  and  sixty-eight,  the  date  of  the  act  constituting 
eight  hours  a  day's  work  for  all  such  laborers,  workmen,  and  mechan- 
ics, and  the  nineteenth  day  of  May,  eighteen  hundred  and  sixty-nine, 
the  date  of  the  proclamation  of  the  President  concerning  such  pay,  to 
settle  and  pay  for  the  same  without  reduction  on  account  of  reduction 
of  hours  of  labor  by  said  act,  when  it  shall  be  made  to  appear  that 
such  -was  the  sole  cause  of  the  reduction  of  wages.  [See  $  3738,  Con- 
tracts, Part  I,  p.  29.  ] 

18  May,  1872,  s.  2,  v.  17,  p.  134. 

Indemnity  to  seamen  and  marines  for  lost  clothing  : 
To  allow  and  pay  to  each  person,  not  an  officer,  employed  on  a  ves- 
sel of  the  United  States,  sunk  or  otherwise  destroyed,  and  whose  per- 
sonal effects  have  been  lost,  a  sum  not  exceeding  sixty  dollars.  In  the 
event  of  the  death  of  the  person,  this  sum  is  to  be  paid  to  his  proper 
legal  representatives. 

4  July,  1864,  ss.  2,  3,  v.  13,  p.  390. 

Prize  money  to  captors : 
For  one  moiety  of  the  proceeds  of  prizes  captured  by  vessels  of  the 
United  States,  to  be  distributed  to  the  officers  and  crews  thereof,  in 
conformity  to  the  provisions  of  Title  ''Prize;"  also,  the  proceeds  of 
derelict  and  salvage  cases  adjudged  by  the  courts  of  the  United  States 
to  salvors. 

30  June,  1864,  s.  16,  v.  13,  p.  311. 

Expenditure  of  Sec*  3690.  All  balances  of  appropriations  contained  in  the  annual 
balances  of  ap-  appropriation  bills  and  made  specifically  for  the  service  of  any  fiscal 
proprxations.  year,  and  remaining  unexpended  at  the  expiration  of  such  fiscal  year, 
shall  only  be  applied  to  the  payment  of  expenses  properly  incurred 
during  that  year,  or  to  the  fulfillment  of  contracts  properly  made  with- 
in that  year ;  and  balances  not  needed  for  such  purposes  shall  be  car- 
ried to  the  surplus  fund.  This  section,  however,  shall  not  apply  to  ap- 
propriations known  as  permanent  or  indefinite  appropriations.  [See 
$  3689.] 

12  July,  1870,  8.  5,  v.  16,  p.  251. 

Disposal  of  bal-  Sec.  3691.  All  balances  of  appropriations  which  shall  have  remained 
years  ^  "^  *^®  books  of  the  Treasury,  without  being  drawn  against  in  the  set- 

tlement of  accounts,  for  two  years  from  the  date  of  the  last  appropria- 
tion made  bylaw,  shall  be  reported  by  the  Secretary  of  the  Treasurj-^  to 
the  Auditor  of  the  Treasury,  whose  duty  it  is  to  settle  accounts  there- 
under, and  the  Auditor  shall  examine  the  books  of  his  Office,  and  cer- 
tify to  the  Secretary  whether  such  balances  will  be  required  in  the  set- 
tlement of  any  accounts  pending  in  his  Office ;  and  if  it  appears  that 
such  balances  will  not  be  required  for  this  purpose,  then  the  Secretary 
may  include  such  balances  in  his  surplus-fund  warrant,  whether  the 
head  of  the  proper  Department  shall  have  certified  that  it  may  be  car- 
ried into  the  general  Treasury  or  not.  But  no  appropriation  for  the 
Ijayment  of  the  interest  or  principal  of  the  public  debt,  or  to  which  a 
onger  duration  is  given  by  law,  shall  be  thus  treated.  [See  June  20, 
1874,  po8t.} 

12  July,  1870,  s.  6,  v.  16,  p.  251. 


APPROPRIATIONS — ESTIMATES.  135 

That  from  and  after  tlie  first  day  of  July,  eighteen  hundred  and    Jane  20, 1874. 
seventy-four,  and  of  each  year  thereafter,  the  Secretary  of  the  Treas-     Unexpended 
ury  shall  cause  all  unexpended  balances  of  appropriations  which  shall  balances  to  be 
have  remained  upon  the  books  of  the  Treasury  for  two  fiscal  years  to  be  covered  into  the 
carried  to  the  surplus  fund  and  covered  into  the  Treasury :  Provided,  ^ExceStions  to 
That  this  provision  shall  not  apply  to  permanent  specific  appropria^  ^^^^^j  P^^  g^^^^. 
tions,  appropriations  for  rivers  and  harbors,  light-houses,  fortifications,  able, 
public  buildings,  or  the  pay  of  the  Navy  and  Marine  Corps ;  but  the  ap- 
propriations named  in  this  proviso  shall  continue  available  until  other- 
wise ordered  by  Congress     *     *     *     And  provided  further,  That  this  sec-     Existing    oon- 
tion  shall  not  operate  to  prevent  the  fulfillment  of  contracts  existing  *r^acU  not  al- 
at  the  date  of  the  passage  of  this  act. 

20  June,  1874,  s.  5,  v.  18,  p.  8.'), 

14  June,  1878,  s.  4,  v.  20,  p.  130. 

K^OTE.— This  section  was  adopted,  after  the  fullest  consideration  by  Congress, 
expressly  to  cut  off  the  payment  of  accrued  claims  by  covering  into  the  Treasury, 
after  two  years,  the  balance  of  the  appropriation  from  which,  they  might  have 
been  paid.  The  plain  purpose  of  this  act  was  to  confine  the  oflicers  of  the  Gov- 
ernment to  the  allowance  and  payment  of  liabilities  within  three  fiscal  years. 
Decision  of  the  Secretary  of  the  Treasury,  April  20, 1877.  The  use  of  appropria- 
tions is  discussed  in  this  decision. 

Sec.  3692.  All  moneys  received  from  the  leasing  or  sale  of  marine        Title  41. 
hospitals,  or  the  sale  of  revenue  cutters,  or  from  the  sale  of  commissary    Proceeds  of  cer- 
stores  to  the  ofiicers  and  enlisted  men  of  the  Army,  or  from  the  sale  of  tain  sales,  <fco.,  of 
materials,  stores,  or  supplies  sold  to  officers  and  soldiers  of  the  Army,  material, 
or  from  sales  of  condemned  clothing  of  the  Navy,  or  from  sales  of  ma- 
terials, stores,  or  supplies  to  any  exploring  or  surveying  expedition 
authorized  by  law,  shall  respectively  revert  to  that  appropriation  out 
of  which  they  were  originally  expended,  and  shall  be  applied  to  the 
purposes  for  which  they  are  appropriated  by  law. 

8  May,  1872,  s.  5,  v.  17,  p.  83.  8  June,  1872,  v.  17,  p.337, 

3  March,  1847,  s.  1,  v.  9,  p.  171.  3  March,  1875,  v.  18,  p.  388, 410. 

20  Ap.,  1866,  ss.  1,  2,  v.  14,  p.  40.  27  Feb.,  1877,  v.  19,  p.  249. 

28  July,  1866,  s.  25,  v.  14,  p.  336. 

GENERAL  ACCOUNT  OF  ADVANCES. 

That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  authorized  to 

issue  his  requisitions  for  advances  to  disbursing  officers  and  agents  of    Requisitions  of 
the  Navy  under  a  '^  General  account  of  advances,"  not  to  exceed  the  Secretary  Navy- 
total  appropriation  for  the  Navy,  the  amount  so  advanced  to  be  exclu-  for  advances, 
sively  used  to  pay  current  obligations  upon  proper  vouchers,  and  that 
"Pay  of  the  Navy"  shall  hereafter  be  used  only  for  its  legitimate  pur- 
pose as  provided  by  law. 

19  June,  1878,  chap.  311,  s.  1,  v.  20,  p.  167. 

That  the  amount  so  advanced  be  charged  to  the  proper  appropria-    Advances,  how 
tions,  and  returned  to  "  General  account  of  advances  "  by  pay  and  conn-  ^  *^^® 
ter  warrant;  the  said  charge,   however,  to  particular  appropriations 
shall  be  limited  to  the  amount  appropriated  to  each. 
Idem,  s.  2. 

That  the  Fourth  Auditor  shall  declare  the  sums  due  from  the  several  po^^^h  Tu^ton 
special  appropriations  upon  complete  vouchers,  as  heretofore,  according 

count  of  advances." 

Idem,  s.  3. 
RECEIPTS,    EXPENDITURES  AND  BALANCES. 

From  and  after  the  passage  of  this  act,  it  shall  be  the  duty  of  the  Sec-    Jane  19, 1878. 
retary  of  the  Treasury  to  transmit  to   Congress,  annually,  a  tabular  "rabular  state- 
statement  showing  in  detail  the  receipts  and  expenditures  in  the  naval  ment  of  Navy  ap- 
service  under  each  appropriation,  as  made  up  and  determined  by  the  propriationa  and 
proper  officers  of  the  Treasury  Department,  upon  the  accounts  of  dis-  expenditures, 
bursing  officers  rendered  for  settlement. 

There  shall  be  aj)pended  to  this  statement  an  account  of  balances  in  Statement  of 
the  hands  of  disbursing  agents  at  the  close  of  each  fiscal  year,  and  3- J J^^^"'^!?^™^ j.^^^  ' 
report  of  any  amounts  lost  or  unaccounted  for  by  voucher.  officers,  and 

19  June,  1878,  chap.  312,  ss.  1,  2,  V.  20,  p.  167.  amounts  lost. 


June  19,  1878. 


136  ATTORNEY-GENERAL DEPARTMENT    OF    JUSTICE. 


^ 


ATTOENEY-GENERAL— DEPARTMENT  OF  JUSTICE. 


Sec. 

354.  Duties  of  Attomey-Greneral. 

356.  Opinion  of  Attorney-General  upon  questions 

of  law. 
857.  Legal  advice  to  Departments  of  War  and 

Navy. 

358.  Reference  of  questions  by  Attorney-G-eneral 

to  subordinates. 

359.  Conduct  and  argument  of  cases. 

360.  Duties  of  officers  of  Department  of  Justice. 


Sec. 

361.  Officers  of,  to  perform  services  for  other  De- 
partments. 

363.  Ketaiuing  counsel  to  aid  district  attorneys. 

364.  Attendance  of  counsel. 

365.  Counsel  fees  restricted. 

366.  Appointment  of  special  counsel. 

367.  Detail  of  officers  to  attend  suits. 

370.  Traveling  expenses  of  officers  so  detailed. 
383.  Publication  of  opinions. 


Titles.  Sec.  354.  The  Attorney-General  shall  give  his  advice  and  opinion 

"Duties  of  At-^P®'^  questions  of  law,  whenever  requirecl  by  the  President. 
tomey-General.  24  Sep.,  1789,  s.  35,  v.  1.  p.  92. 

27  Feb.,  1877,  v.  19,  p.  241. 

Opinion  of  At-  Sec.  356.  ThB  head  of  any  Executive  Department  may  require  the 
tomey-General  QpijjiQjj  of  the  Attorney-General  on  any  questions  of  law  arising  in  the 
upon  questions  ot  administration  of  his  Department. 

22  June,  1870,  s.  6,  v.  16,  p.  163. 

Notes. — The  law  does  not  declare  the  effect  of  advice;  practice  of  the  Depart- 
ments to  heed  it. — Op.  V,  97,  Johnson. 

Not  the  duty  of  the  Attorney-General  to  give  opinions  on  questions  of  tact, 
nor  to  review  the  proceedings  of  a  court-martial  in  search  of  questions  of  law. — 
Op.  V,  626,  Crittenden. 

Does  not  reply  to  speculative  points  or  supposed  cases.  Gives  advice  on 
actual  cases  where  the  special  facts  are  set  forth  by  the  Department. — Op.  IX, 
82,  Black.    Xni,  531-568,  Akerman,  XII,  433,  Browning. 

The  opinion  of  the  Attorney-General  for  the  time  being  is  in  terms  advisory 
to  the  Secretary  who  calls  for  it ;  but  it  is  obligatory  as  the  law  of  the  case 
unless,  on  appeal  by  such  Secretary  to  the  common  superior  of  himself  and  the 
Attorney- General,  namely,  the  President  of  the  United  States,  it  is  by  the  latter 
overruled.— Op.  VII,  692,"Cushinj^. 

Will  not  review  the  opinion  of  a  former  Attorney-General  unless  a  proper 
case  is  presented  therefor  and  submitted  by  a  head  of  a  Department. — Op.  XI, 
189,  Speed. 

Cannot  act  as  arbitrator  between  the  Government  and  an  individual,  and  can 
therefore  render  no  award  in  the  sense  in  which  the  phrase  is  generally  under- 
stood.— Op.  I,  209,  Wirt.  Declines  to  give  an  opinion  upon  a  question  involv- 
ing the  estimation  of  the  weight  and  credibility  of  testimony.— Op.  XIV, 
p.  54,  Bristow. 

Not  required  to  give  an  opinion  to  the  Senate. — Op.  X,  165,  Bates.  Not  his 
duty  to  give  opinion  on.matters  pending  in  Congress  on  request  of  either  house 
or  any  committee.— Op.  XII,  544.  Evarts.  XIV,  17, 177,  Williams.  Not  author- 
ized to  give  an  opinion  (official)  in  response  to  a  call  of  the  head  of  a  De- 
partment, although  made  at  the  request  of  a  committee  of  Congress,  where  the 
question  proposed  does  not  arise  in  the  administration  of  such  Department. — 
Op.  XV,  138,  Taft. 

Subordinate  officers  who  desire  an  official  opinion  must  seek  it  through  the 
head  of  the  Department  to  which  said  subordinate  is  accountable. — Op.  X, 
458.  No  right  to  give  an  official  opinion  except  where  it  his  duty  to  do  so,  that 
is,  to  the  President  and  heads  of  Departments. — Op.  I,  335,  VI,  21,  147.  See 
Op.  XIV,  21,  declining  to  approve  or  disapprove  of  an  opinion  of  an  assistant 
attorney-general  of  an  Executive  Department — not  having  been  called  for  by 
the  President  or  the  head  of  a  Department. 

Legal  advice  to  Sec.  357.  Whenever  a  question  of  law  arises  in  the  administration  of 
War^^SNavy  ^^^  Department  of  War  or  the  Department  of  the  Navy,  the  cognizance 
of  which  is  not  given  by  statute  to  some  other  oihcer  from  whom  the 
head  of  the  Department  may  require  advice,  it  shall  be  sent  to  the 
Attorney-General,  to  be  by  him  referred  to  the  proper  officer  in  his  De- 
partment, or  otherwise  disposed  of  as  he  may  deem  proper. 
Jdem. 

Keferenceof     Sec.  358.  Any  qnestion  of  law  submitted  to  the  Attorney-General  for 
questions  by  At-  hisopinion,  except  questions  involving  a  construction  of  the  Constitution 
to  ^subordiiiates.  ^^  *^^  United  States,  may  be  by  him  referred  to  such  of  his  subordinates 
as  he  may  deem  appropriate,  and  he  may  require  the  written  opinion 
thereon  of  the  officer  to  whom  the  same  may  be  referred.     If  the  opinion 
given  by  such  officer  is  approved  by  the  Attorney-General,  such  approval 
indorsed  thereon  shall  give  the  opinion  the  same  force  and  effect  as  be- 
long to  the  opinions  of  the  Attorney-General. 
Idem,  8.4. 

Conductand  ar-     Sec.  359.  Except  when  the  Atf  orney-General  in  particular  cases  other  - 

gument  of  cases,  ^[ge  directs,  the  Attorney-General  and  Solicitor-General  shall  conduct 

and  argue  suits  and  writs  of  error  and  appeals  in  the  Supreme  Court 


25  June,  1868,  s.  5,  v.  15,  p.  75. 
22  June,  IWTO,  s.  5,  v,  16,  p.  162. 


icer(!>$    Perfornaanee  of  4   j 


ATTORNEY-GENERAL — DEPARTMENT    OF   JUSTICE.  137 

and  suits  in  the  Court  of  Claims  in  which  the  United  States  is  interested, 

and  the  Attorney-General  may,  whenever  he  deems  it  for  the  interest  of 

the  United  States,  either  in  person  conduct  and  argue  any  case  in  any 

court  of  the  United  States  in  which  the  United  States  is  interested,  or 

may  direct  the  Solicitor-General  or  any  officer  of  the  Department  of  Jus-  ^        V,     .  ^  "  ^^>vN 

tice  to  do  so.  '  '  i''  7*  T>  4^'  ^^  ^  vxx 

24  Sept.,  1789,  s.  35,  v.  1,  p.  92.  i.   ^1     *    r     Jff  f^  viVV 

Sec.  360.  The  Attorney-General  may  require  any  solicitor  or  officer *(^  Perfornaanee  of  4  Jj 
the  Department  of  Justice  to  perform  any  duty  required  of  the  Depart-  o?DepartmeSil.  i^l^ 
ment  or  any  officer  thereof.  Justicer*'--".;,,;:^,^:;^*-^^ 

22  June,  1870,  s.  14,  v.  16,  p.  164. 

Sec.  361.  The  officers  of  the  Department  of  Justice,  under  the  direction  D^^rfment  *to 
of  the  Attorney-General,  shall  give  all  opinions  and  render  all  services  perform  all  legal 
requiring  the  skill  of  persons  learned  in  the  law  necessary  to  enable  the  services  required 
President  and  heads  of  Departments,  and  the  heads  of  Bureaus  and  other  for  other  Depart- 
officers  in  the  Departments,  to  discharge  their  respective  duties ;  and  «aeiita- 
shall,  on  behalf  of  the  United  States,  procure  the  proper  evidence  for, 
and  conduct,  prosecute,  or  defend  all  suits  and  proceedings  in  the  Su- 
preme Court  and  in  the  Court  of  Claims,  in  which  the  United  States,  or 
any  officer  thereof,  as  such  officer,  is  a  party  or  may  be  interested  ;  and 
no  fees  shall  be  allowed  or  paid  to  any  other  attorney  or  counselor  at 
law  for  any  service  herein  required  of  the  officers  of  the  Department  of 
Justice,  except  in  the  cases  provided  by  section  three  hundred  and  sixty- 
three.  • 
Idem,  s.  14. 

Sec.  363.  The  Attorney-General  shall,  whenever  in  his  opinion  the  g5^t^ii?diSS 
public  interest  requires  it,  employ  and  retain,  in  the  name  of  the  United  attorneys. 
States,  such  attorneys  and  counselors  at  law  as  he  may  think  necessary 
to  assist  the  district  attorneys  in  the  discharge  of  their  duties,  and  shall 
stipulate  with  such  assistant  attorneys  and  counsel  the  amount  of  com- 
pensation, and  shall  have  supervision  of  their  conduct  and  proceedings. 

2  Aug.,  1861,  8.  2,  V.  12,  p.  285. 

3  March,  1869,  s.  1,  v.  15,  p.  294. 
10  Ap.,  1869,  V.  16,  p.  46. 

22  June,  1870,  s.  16,  v.  16,  p.  164. 

Sec.  364.  Whenever  the  head  of  a  Department  or  Bureau  gives  the  ^0^^*®° ^^'^^^  °^ 
Attorney-General  due  notice  that  the  interests  of  the  United  States  re- 
quire the  service  of  counsel  upon  the  examination  of  witnesses  touching 
any  claim,  or  upon  the  legal  investigation  of  any  claim,  pending  in  such 
Department  or  Bureau,  the  Attorney-General  shall  provide  for  such  serv- 
ice.    [See  §  187,  Claims,  p.  152.] 

14  Feb.,  1871,  s.  3,  v.  16,  p.  412. 

Sec.  365.  No  compensation  shall  hereafter  be  allowed  to  any  person,    Counselfeesro-  ^ 
besides  the  respective  district  attorneys  and  assistant  district  attorn'feys  ^tr^ctea. 
for  services  as  an  attorney  or  counselor  to  the  United  States,  or  to  any 
branch  or  Department  of  the  Government  thereof,  except  in  cases  spe- 
cially authorized  by  law,  and  then  only  on  the  certificate  of  the  Attorney- 
General  that  such  services  were  actually  rendered,  and  that  the  same 
could  not  be  performed  by  the  Attorney-General,  or  Solicitor-General,  or 
the  officers  of  the  Department  of  Justice,  or  by  the  district  attorneys. 
22  June,  1870,  s.  17,  v.  16,  p.  164. 

Sec.  366.  Every  attorney  or  counselor  who  is  specially  retained,  under     Appointment 
the  authority  of  the  Department  of  Justice,  to  assist  in  the  trial  of  any  cial  attorn^eys^or 
case  in  which  the  Government  is  interested,  shall  receive  a  commission  counsel, 
from  the  head  of  such  Department,  as  a  special  assistant  to  the  Attorney- 
General,  or  to  some  one  of  the  district  attorneys,  as  the  nature  of  the 
appointment  may  require  ;  and  sha^l  take  the  oath  required  by  law  to 
be  taken  by  the  district  attorneys,  and  shall  be  subject  to  all  the  liabil- 
ities imposed  upon  them  by  law. 

Idem,  8  17. 
;     Sec.  367.  The  Solicitor-General,  or  any  officer  of  the  Department  of    Interest pfUni- 
Justice,  may  be  sent  by  the  Attorney-General  to  any  State  or  I^istrict  *®^^.^**g®  j^^^ 
in  the  United  States  to  attend  to  the  interests  of  the  United  States  in  any  ^j^o  may  attend 
suit  pending  in  any  of  the  courts  of  the  United  States,  or  in  the  courts  to. 
of  any  State,  or  to  attend  to  any  other  interest  of  the  United  States. 
Idem,  8.  5. 


138 


ATTORNEYS    AND    AGENTS    OF    GOVERNMENT. 


Traveling  e  x  -     Sec.  370.  Whenever  the  Solicitor-General,  or  any  officer  of  the  Depart- 

penses  of  officers  ^^^^^  ^f  Justice,  is  sent  by  the  Attorney-General  to  any  State,  District, 

nient.  ^      ^^^^  '  ^^  Territory,  to  attend  to  any  interest  of  the  United  States,  the  person 

so  sent  shall  receive,  in  addition  to  his  salary,  his  actual  and  necessary 

expenses  while  absent  from  the  seat  of  Government ;  the  account  thereof 

to  be  verified  by  affidavit. 

Idem,  8.  5. 

Publication  of     Sec.  383.  The  Attorney-General  shall  from  time  to  time  cause  to  be 
opinions.  edited,  and  printed  at  the  Government  Printing-Office,  an  edition  of 

one  thousand  copies  of  such  of  the  opinions  of  the  law-officers  herein 
authorized  to  be  given  as  he  may  deem  valuable  for  preservation  in 
volumes.  *  *  *  Each  volume  shall  contain  proper  head-notes,  a  com- 
plete and  full  index,  and  such  foot-notes  as  the  Attorney-General  may 
approve.  Such  volumes  shall  be  distributed  in  such  manner  as  the  At- 
torney-General may  from  time  to  time  prescribe. 
Idem,  s.  18. 


ATTORNEYS  AND  AGENTS  OF  GOVERNMENT. 


187.  Professional  assistance. 
189.  Employment  of  attorneys  or  counsel. 
1550.  Agents  to  disburse  money  abroad. 

Title  4. 


Sec. 

1783.  Persons  interested  not  to  act  as  agents  of  the 

Government. 
3614.  Bond  of  special  agents. 


Sec.  187.  Whenever  any  head  of  a  Department  or  Bureau  having 

Professional  as- ™^^^  application  pursuant  to  section  one  hundred  and  eighty-four,  for 
sistance;  how  a  snbpojna  to  procure  the  attendance  of  a  witness  to  be  examined,  is  of 
obtained.  opinion  that  the  interests  of  the  United  States  require  the  attendance 

of  counsel  at  the  examination,  or  require  legal  investigation  of  any  claim 
pending  in  his  Department  or  Bureau,  he  shall  give  notice  thereof  to  the 
Attorney- General,  and  of  all  facts  necessary  to  enable  the  Attorney- 
General  to  furnish  proper  professional  service  in  attending  such  exam- 
ination, or  making  such  investigation,  and  it  shall  be  the  duty  of  the 
Attorney- General  to  provide  for  such  service.  [See  184  Claims.] 
14  Feb.,  1871,  s.  3,  v.  16,  p.  412. 

a  tt™?n e vr^o^'r     ^^^'  ^^^'  ^®  ^^^^  ^f  a  Department  shall  employ  attorneys  or  counsel 
counsel.  ^*  t?i6  expense  of  the  United  States ;  but  when  in  need  of  counsel  or 

advice,  shall  call  upon  the  Department  of  Justice,  the  officers  of  which 
shall  attend  to  the  same.     [See  $$  364,  365,  Attorney-General.] 

22  June,  1870,  s.  17,  v.  16,  p.  164. 
Title  15,  Chap.  7.     gj-^.  1550.  No  person  shall  be  employed  or  continued  abroad,  to  receive 
Appointment  and  pay  money  for  the  use  of  the  naval  service  on  foreign  stations, 
of  persons  to  dis-  whether  under  contract  or  otherwise,  who  has  not  been,  or  shall  not  be, 
burse  monej^  on  appointed  by  and  with  the  advice  and  consent  of  the  Senate, 
foreign  stations.  '' 

17  June,  1844,  s.  4,  v.  5,  p.  703. 

Title  19.  Sec.  1783.  No  officer  or  agent  of  any  banking  or  other  commercial 

Persons  inter  corporation,  and  no  member  of  any  mercantile  or  trading  firm,  or  person 

ested  not  to  act  directly  or  indirectly  interested  in  the  pecuniary  profits  or  contracts  of 

as  agents  of  the  such  corporation  or  firm,  shall  be  employed  or  shall  act  as  an  officer  or 

Government.        agent  of  the  United  States  for  the  transaction  of  business  with  such 

corporation  or  firm ;  and  every  such  officer,  agent,  or  member,  or  person, 

so  interested,  who  so  acts,  shall  be  imprisoned  not  more  than  two  years, 

and  fined  not  more  than  two  thousand  dollars  nor  less  than  five  hundred 

dollars. 

2  March,  1863,  s.  8,  v.  12,  p.  698. 


Title  40. 


Sec.  3614.  Whenever  it  becomes  necessary  for  the  head  of  any  Depart- 
.     ment  or  office  to  employ  special  agents,  other  than  officers  of  the  Army 
aeents      ^^^*^^^^  ®^  Navy,  who  may  be  charged  with  the  disbursement  of  public  moneys, 
^       ■  such  agents  shall,  before  entering  upon  duty,  give  bond  in  such  form 

and  with  such  security  as  the  head  of  the  Department  or  office  employ- 
ing them  may  approve. 

4  Aug.,  1854,  s.  14,  v.  10,  p.  573. 

Notes. — Ko  allowance  can  be  made  for  any  commission  or  inquiry,  except 
military  or  naval,  until  special  appropriations  are  made  by  Congress  for  the  pur- 
pose.—Op.  IV,  106,  Oct.  25,  1842,  Legare. 
An  Executive  Department  being  charged  with  the  duty  of  seeing  that  the 


CIVIL    SERVICE THE   EXECUTIVE    DEPARTMENTS,    ETC.     139 

laws  are  faithfully  executed,  has  authority  to  appoint  commissioners  or  agents 
to  make  investigations  required  by  acts  or  resolutions  of  Congress,  but  it  cannot 
pay  them  except  from  an  appropriation  for  that  purpose.— Op.  IV,  248,  Nelson, 
Sept.  21,  1843. 

An  authority  of  a  special  agent  appointed  to  do  a  particular  act  must  be 
limited  to  that  act  and  to  such  acts  as  are  necessary  to  tne  performance  of  it. — 
Op.  XI,  521. 

The  Government  is  not  bound  by  the  act  or  declaration  of  its  agent  unless  it 
manifestly  appears  that  he  acted  within  the  scope  of  his  authority,  or  was  em- 
ployed in  his  capacity  as  a  public  agent  to  do  the  act  or  make  the  declaration 
for  it.— Otto,  93,  p.  247.  See  C.  C.  II,  599,  IV,  401,  and  VII,  65,  and  Wallace, 
VII,  iS66,  as  to  the  power  of  agents. 

Held  by  the  First  Comptroller,  that  a  chief  engineer  of  the  Navy,  appointed 
superintendent  of  the  State,  War,  and  Navy  Department  building,  under  the 
legislative  appropriation  act  approved  March  3, 1883,  should  give  a  bond,  as  his 
duties  as  such  were  in  no  way  connected  with  the  Navy  and.  nis  disbursements 
would  be  of  civil  appropriations. 

CIVIL  SERVICE— THE  EXECUTIVE  DEPARTMENTS. 


Sec. 
163. 
165. 
166. 
167. 


170. 


1753 


Classification  of  Department  clerks. 

Clerkships  open  to  women. 

Distribution  of  clerks. 

Salaries  of  persons  employed  in  the  Depart- 
ments. 

Temporary  clerks. 

Authority  to  employ  clerks  and  other  em- 
ployes. 

Restriction. 

Extra  compensation  to  clerks  prohibited. 

Restriction  on  employing  extra  clerks   and 
their  pay. 

Emj)loyes  not  to  be  paid  from  contingent 
fund. 

Unauthorized  rates  of  pay  forbidden. 

Lapsed  salaries,  disposition  of. 

,  Admissions  to  the  civil  service. 
Civil  Service  Commissioners. 


Sec. 

Duties  of. 

Rules  for  civil  service  act. 

Places  of  meeting ;  boards  of  examiners. 

Corruptly  defeating  objects  ot  the  commis- 

sion. 

Revision  and  classification  of  clerks. 

Persons  subject  to,  and  exempt  from  the 

rules. 

Habitual  use  of  intoxicating  beverages  a 

bar  against  appointment  to  civil  office. 

Recommendations  of  Congressmen  not  to  be 

received  except,  &c. 

1754.  Preference  to  disabled  soldiers,  &c. 

1755.  Honorably  discharged  soldiers,  &o.,  com- 

mended to  bankers,  &c. 

In  reducing  force,  preference  to  honorably 

discharged  soldiers,  &c.,  for. 


Sec.  163.  The  clerks  in  the  Departments  shall  be  arranged  in  four 
classes,  distinguished  as  the  first,  second,  third,  and  fourth  classes. 

3  March,  1853,  s.  3,  v.  10,  p.  209. 
3  March,  1855,  s.  4,  v.  10,  p.  669. 

Sec.  165.  Women  may,  in  the  discretion  of  the  head  of  any  Depart- 
ment, be  appointed  to  any  of  the  clerkships  therein  authorized  by 
law,  upon  the  same  requisites  and  conditions,  and  with  the  same  com- 
pensations, as  are  prescribed  for  men. 

12  July,  1870,  8.  2,  v.  16,  pp.  230-250. 

Sec.  166.  Each  head  of  a  Department  may  from  time  to  time  alter 
the  distribution  among  the  various  Bureaus  and  offices  of  his  Depart- 
ment, of  the  clerks  allowed  by  law,  as  he  may  find  it  necessary  and 
proper  to  do.     [See  Aug.  5,  1882,  p.  140.] 
3  March,  1853,  s.  3,  v.  10,  p.  211. 

Sec  167.  The  annual  salaries  of  clerks  and  employds  in  the  Depart- 
ments, whose  compensation  is  not  otherwise  prescribed,  shall  be  as 
follows: 

First.  To  clerks  of  the  fourth  class,  eighteen  hundred  dollars. 

Second.  To  clerks  of  the  third  class,  sixteen  hundred  dollars. 

Third.  To  clerks  of  the  second  class,  fourteen  hundred  dollars. 

Fourth.  To  clerks  of  the  first  class,  twelve  hundred  dollars. 

Fifth.  To  the  women  employed  in  duties  of  a  clerical  character,  sub- 
ordinate to  those  assigned  to  clerks  of  the  first  class,  including  copy- 
ists and  counters,  or  temporarily  employed  to  perform  the  duties  of  a 
clerk,  nine  hundred  dollars. 

Sixth.  To  messengers,  eight  hundred  and  forty  dollars. 

Seventh.  To  assistant  messengers,  seven  hundred  and  twenty  dollars. 

Eighth.  To  laborers,  seven  hundred  and  twenty  dollars.  [$660,  by 
legislative  act  March  3,  1883,  except  otherwise  specially  appropriated 
for.  ] 

Ninth.  To  watchmen,  seven  hundred  and  twenty  dollars. 

3  March,  1853,  s.  3,  v.  10,  pp  209,  210. 

22  April,  1854,  s.  1,  v.  10,  p.  276. 

18  Aug.,  1856,  Res.  18,  v.  11,  p.  145. 

23  July,  1866,  s.  6,  v.  14,  p.  207. 
12  July ,  1870,  s.  3,  v.  16,  pp.  230,  250. 


Title  4. 


Classification 
of  Department 
clerks. 

Clerkships  open 
to  women. 


Distribution  of 
clerks. 


Salaries  of  per- 
sons  employed  in 
the  Departments. 


140     CIVIL    SERVICE THE    EXECUTIVE    DEPARTMENTS,    ETC. 


1 


Temporary  Sec.  168.  Except  when  a  different  compensation  is  expressly  pre- 
clerks.  scribed  by  law,  any  clerk  temporarily  employed  to  perform  the   same 

or  similar  duties  with  those  belonging  to  clerks  of  either  class,  is  en- 
titled to  the  same  salary  as  is  allowed  to  clerks  of  that  class. 
22  April,  1854,  s.  1,  v.  10,  p.  276. 
Note. — A  clerk  with  a  fixed  salary  is  bound  to  perform  the  duties  of  the  of" 
fice  for  the  salary.    If  the  work  of  the  office  be  increased,  requiring   his  serv* 
ices  beyond  the  established  or  customary  hours,  he  cannot,  if  the  increased  la- 
bor pertains  to  the  business  of  the  office,   receive  additional  compensation. — 
C.  a,  XVII,  383. 

Authority  to     Sec.  169.  Each  head  of  a  Department  is  authorized  to  employ  in  his 
employ  clerks  Department  such  number  of  clerks  of  the  several  classes  recognized  by 
^oy6s.    ^^  ^™"law,  and  such  messengers,  assistant  messengers,  copyists,  watchmen, 
laborers,  and  other  employes,  and  at  such  rates  of  compensation,  re- 
spectively, as  may  be  appropriated  for  by  Congress  from  year  to  year. 
[See  act  Aug.  5,  1882,  post.'] 
15  Aug.,  1876.        That  the  executive  officers  of  the  Government  are  hereby  prohibited 
Eestriction       ^^om  employing  any  clerk,  agent,  engineer,  draughtsman,  messenger, 
watchman,  laborer,  or  other  employ^,  in  any  of  the  Executive  Depart- 
ments in  the  city  of  Washington,  or  elsewhere,  beyond  provision  made 
by  law.     [See  Aug.  5,  1882,  post] 

15  Aug.,  1876,  s.  5,  V.  19,  p.  196. 
N'OTE. — In  the  absence  of  constitutional  restriction,  the  future  compensation 
of  a  public  officer  may  be  altered  at  pleasure  by  the  legislature  during  his  in- 
cumbency, without  violating  any  legal  right  vested  in  him  by  virtue  ot  his  ap- 
pointment.—Op.  XV,  317,  Devens,  June  18,  1877. 

Title  4.  Sec.  170.  No  money  shall  be  paid  to  any  clerk  employed  in  either 

Extra  compen-  I^^P^'^tment  at  an  annual  salary,  as  compensation  for  extra  services, 
sation  to  clerks 'iiilGss  expressly  authorized  bylaw.  [See  Extra  Pay,  &c..  Part  I, 
prohibited.  p.71.] 

3  March,  1863,  s.  3,  v.  10,  pp.  209, 211. 

17  June,  1844,  s.  1,  v.  5,  pp.  681,  687. 

28  Feb.,  1867,  Res.  30,  s,  2,  v.  14,  p.  569. 
Note. — "Where  the  service  is  one  required  by  law  and  compensation  is  fixed 
by  competent  authority  and  is  appropriated,  an  officer  who  under  due  author- 
ization performs  the  service  is  entitled  to  the  compensation.— Op.  XV,  608. 

5  Aug.,  1882.         That  no  civil  officer,  clerk,  draughtsman,  copyist,  messenger,  assist- 
-D„  ,  .  , .  ant  messenger,  mechanic,  watchman,  laborer,  or  other  employ^  shall 

number  and  pay  ^l^^r  the  first  day  of  October  next  be  employed  in  any  of  the  Execu- 
of  clerks,  &c.       tive  Departments,  or  subordinate  Bureaus  or  offices  thereof  at  the  seat 
of  Government,  except  only  at  such  rates  and  in  such  numbers,  respec- 
tively, as  may  be  specifically  appropriated  for  by  Congress  for  such  cleri- 
cal and  other  personal  services  for  each  fiscal  year. 
5  Aug.,  1882,  s.  4,  P.  E,  L.,  p.  255. 
Civil  employ6s      No  civil  officer,  clerk,  draughtsman,  copyist,  messenger,  assistant  mes- 
from^c  ^r  "^^^ t  ^^°S6r>  mechanic,  watchmaii,  laborer,  or  other  employ^  shall  hereafter 
appropriations^  ^®  employed  at  the  seat  of  Government  in  any  Executive  Department 
or  subordinate  Bureau  or  office  thereof  or  be  paid  from  any  appropria- 
tion made  for  contingent  expenses,  or  for  any  specific  or  general  pur- 
pose, unless  such  employment  is  authorized  and  payment  therefor  spe- 
cifically provided  in  the  law  granting  the  appropriation,  and  then  only 
for  services  actually  rendered  in  connection  with  and  for  the  purposes 
of  the  appropriation  from  which  payment  is  made,  and  at  the  rate  of 
compensation  usual  and  proper  for  such  services. 
Ibid. 
TJnauthorized     After  the  first  day  of  October  next  section  one  hundred  and  seventy- 
bidden   ^^^  ^^^"two  of  the  Revised  Statutes,  and  all  other  laws  and  parts  of  laws  incon- 
sistent with  the  provisions  of  this  act,  and  all  laws  and  parts  of  laws 
authorizing  the  employment  of  officers,  clerks,  draughtsmen,  copyists, 
messengers,  assistant  messengers,  mechanics,  watchmen,  laborers,  or 
other  employes  at  a  different  rate  of  pay  or  in  excess  of  the  numbers 
authorized  by  appropriations  made  by  Congress,  be,  and  they  are  here- 
Details  not  to  by,  repealed  ;  and  thereafter  all  details  of  civil  officers,  clerks,  or  other 
outside  District  s^i^ordinate  employes  from  places  outside  of  the  District  of  Columbia 
of  Columbia  for  ^^^  duty  within  the  District  of  Columbia,  except  temporary  details  for 
duty  therein.       duty  connected  with  their  respective  offices,  be,  and  are  hereby,  pro- 


CIVIL    SERVICE THE    EXECUTIVE    DEPARTMENTS,    ETC.     141 

hibited  ;  and  thereafter  all  moneys  accruing  from  lapsed  salaries,  or  from  ,  Lapsed    salar- 
unused  appropriations  for  salaries,  shall  be  covered  into  the  Treasury.  ^®^- 
Ibid. 

ifOTEB. — Civil  officers  are  usually  divided  into  three  classes:  political,  judi- 
cial, and  ministerial.  But  persons  actually  and  properly  employed  in  the  Ex- 
ecutive  Departments  or  in  Bureaus  or  Divisions  thereof,  by  an  officer  charged  \ 

with  that  duty  and  authorized  by  law  to  fix  their  compensation,  are  persons  in 
the  civil  service.— Wallace,  XIII,  568,     C.  C,  VII,  290. 

Laborers,  mechanics,  machinists,  &c.,  in  navy -yards,  paid  by  the  day,  are 
civil  employes  within  the  meaning  of  the  20  per  cent.  acts.  Printers  paid  by 
the  em,  or  note  engravers  by  the  piece,  are  not. — Wallace,  XX,  179.    C.  C,  IX,  104. 

THE   CIVIL  SERVICE. 

Sec.  1753.  The  President  is  authorized  to  prescribe  such  regulations        Title  19. 
for  the  admission  of  persons  into  the  civil  service  of  the  United  States     president    to 
as  may  best  x>romote  the  efficiency  thereof,  and  ascertain  the  fitness  of  regulate    admis- 
each  candidate  in  respect  to  age,  health,  character,  knowledge,  and  sions  to  the  civil 
ability  for  the  branch  of  service  into  which  he  seeks  to  enter;  and  for  service, 
this  purpose  he  may  employ  suitable  persons  to  conduct  such  inquiries, 
and  may  prescribe  their  duties,  and  establish  regulations  for  the  con- 
duct of  persons  who  may  receive  appointments  in  the  civil  service. 
3  March,  1871,  s.  9,  v.  16,  p.  514. 

The  President  is  authorized  to  appoint,  by  and  with  the  advice  and    16  Jan.,  1883. 
consent  of  the  Senate,  three  persons,  not  more  than  two  of  whom  shall    ^     ^^.^      7 
be  adherents  of  the  same  party,  as  Civil  Service  Commissioners,  and  said  of  Civil  Service 
three  commissioners  shall  constitute  the  United  States  Civil  Service  Commissioners. 
Commission.     Said  commissioners  shall  hold  no  other  official  place  under ' 
the  United  States. 

The  President  may  remove  any  commissioner ;  and  any  vacancy  in 
the  position  of  commissioner  shall  be  so  filled  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  as  to  conform  to  said  condi- 
tions for  the  first  selection  of  commissioners. 

The  commissioners  shall  each  receive  a  salary  of  three  thousand  five     Salary  and  ex- 
hundred  dollars  a  year.     And  each  of  said  commissioners  shall  be  paid  penses. 
his  necessary  traveling  expenses  incurred  in  the  discharge  of  his  duty 
as  a  commissioner. 

Sec.  2.  That  it  shall  be  the  duty  of  said  commissioners :  Duty  of  the 

First.  To  aid  the  President,  as  he  may  request,  in  preparing  suitable  commissioners, 
rules  for  carrying  this  act  into  effect,  and  when  said  rules  shall  have 
been  promulgated  it  shall  be  the  duty  of  all  officers  of  the  United  States 
in  the  Departments  and  offices  to  which  any  such  rules  may  relate  to 
aid,  in  all  proper  ways,  in  carrying  said  rules,  and  any  modifications 
thereof,  into  effect. 

Second.  And,  among  other  things,  said  rules  shall  provide  and  de-    Rales  for  civil 
clare,  as  nearly  as  the  conditions  of  good  administration  will  warrant,  ^^'^^c®  ^^^t- 
as  follows : 

First,  for  open,  competitive  examinations  for  testing  the  fitness  of 
applicants  for  the  public  service  now  classified  or  to  be  classified  here- 
under. Such  examinations  shall  be  practical  in  their  character,  and  so 
far  as  may  be  shall  relate  to  those  matters  which  will  fairly  test  the 
relative  capacity  and  fitness  of  the  persons  examined  to  discharge  the 
duties  of  the  service  into  which  they  seek  to  be  appointed. 

Second,  that  all  the  offices,  places,  and  employments  so  arranged  or 
to  be  arranged  in  classes  shall  be  filled  by  selections  according  to  grade 
from  among  those  graded  highest  as  the  results  of  such  competitive  ex- 
aminations. 

Third,  appointments  to  the  public  service  aforesaid  in  the  Depart- 
ments at  Washington  shall  be  apportioned  among  the  several  States 
and  Territories  and  the  District  of  Columbia  upon  the  basis  of  popula- 
tion as  ascertained  at  the  last  preceding  census.  Every  application  for 
an  examination  shall  contain,  among  other  things,  a  statement,  under 
oath,  setting  forth  his  or  her  actual  bona  fide  residence  at  the  time  of 
making  the  application,  as  well  as  how  long  he  or  she  has  been  a  resi- 
dent of  such  place. 

Fourth,  that  there  shall  be  a  period  of  probation  before  any  absolute 
appointment  or  employment  aforesaid. 

Fifth,  that  no  person  in  the  public  service  is  for  that  reason  under 
any  obligations  to  contribute  to  any  political  fund,  or  to  render  any 
political  service,  and  that  he  will  not  be  removed  or  otherwise  preju- 
diced for  refusing  to  do  so. 


142      CIVIL    SERVICE THE    EXECUTIVE    DEPARTMENTS,    ETC. 


I 


Sixth,  that  no  person  in  said  service  has  any  ri^ht  to  use  his  official' 
authority  or  influence  to  coerce  the  political  action  of  any  person  or 
body. 

Seventh,  there  shall  be  non-competitive  examinations  in  all  proper 

cases  before  the  commission,  when  competent  persons  do  not  compete, 

after  notice  has  been  given  of  the  existence  of  the  vacancy,  under  such 

I  rules  as  may  be  prescribed  by  the  commissioners  as  to  the  manner  of 

giving  notice. 

Eighth,  that  notice  shall  be  given  in  writing  by  the  appointing  power 
to  said  commission  of  the  persons  selected  for  appointment  or  emx)loy- 
ment  from  among  those  who  have  been  examined,  of  the  place  of  resi- 
dence of  such  persons,  of  the  rejection  of  any  such  persous  after  proba- 
tion, of  transfers,  resignations,  aud  removals,  and  of  the  date  thereof, 
and  a  record  of  the  same  shall  be  kept  by  said  commission.  Aud  any 
necessary  exceptions  from  said  eight  fundamental  provisions  of  the  rules 
shall  be  set  forth  in  connection  with  such  rules,  and  the  reasons  there- 
for shall  be  stated  in  the  annual  reports  of  the  commission. 

Third;  Said  commission  shall,  subject  to  the  rules  that  may  be  made 
by  the  President,  make  regulations  for,  and  have  control  of,  such  exami- 
nations, and,  through  its  members  or  the  examiners,  it  shall  supervise 
and  preserve  the  records  of  the  same ;  and  said  commission  shall  keep 
minutes  of  its  own  proceedings. 

Fourth.  Said  commission  may  make  investigations  coucerning  the 
facts,  and  may  report  upon  all  matters  touching  the  enforcement  aud 
effects  of  said  rules  and  regulations,  and  concerning  the  action  of  any 
examiner  or  board  of  examiners  hereinafter  provided  for,  and  its  own 
subordinates,  and  those  in  the  public  service,  in  respect  to  the  execu- 
tion of  this  act. 

Fifth.  Said  commission  shall  make  an  annual  report  to  the  President 
for  transmission  to  Congress,  showing  its  own  action,  the  rules  and 
regulations  and  the  exceptions  thereto  in  force,  the  practical  effects 
thereof,  and  any  suggestions  it  may  approve  for  the  more  effectual  ac- 
complishment of  the  purposes  of  this  act. 

Places  of  meet-  Sec.  3.  *  *  *  The  commission  shall,  at  Washington,  and  in  one  or 
^am^ners*^  ^  ^  more  places  in  each  State  and  Territory  where  examinations  are  to  take 
place,  designate  and  select  a  suitable  number  of  persons,  not  less  than 
three,  in  the  official  service  of  the  United  States,  residing  in  said  State  or 
Territory,  after  consulting  the  head  of  the  Department  or  office  in  which 
such  persons  serve,  to  be  members  of  boards  of  examiners,  and  may  at 
any  time  substitute  any  other  person  in  said  service  living  in  such  State 
or  Territory  in  the  place  of  any  one  so  selected.  Such  boards  of  exam- 
iners shall  be  so  located  as  to  make  it  reasonably  convenient  and  inex- 
pensive for  applicants  to  attend  before  them  ;  and  where  there  are  per- 
sons to  be  examined  in  any  State  or  Territory,  examinations  shall  be 
held  therein  at  least  twice  in  each  year.  It  shall  be  the  duty  of  the 
collector,  postmaster,  and  other  officers  of  the  United  States,  at  any 
place  outside  of  the  District  of  Columbia  where  examinations  are  directed 
by  the  President  or  by  said  board  to  be  held,  to  allow  the  reasonable 
use  of  the  public  buildings  for  holding  such  examinations,  and  in  all 
proper  ways  to  facilitate  the  same. 

Penalty  for  cor-      a         ^     mi     i^  ■  -,  •     • 

ruptly  defeating     Sec.  5.  That  any  said  commissioner,  examiner,  copyist,  or  messenger, 
the  objects  of  the  or  any  person  in  the  public  service  who  shall  willfully  and  corruptly, 
commission.         |jy  himself  or  in  co-operation  with  one  or  more  other  persons,  defeat, 
>  deceive,  or  obstruct  any  person  in  respect  of  his  or  her  right  of  examina- 

tion according  to  any  such  rules  or  regulations,  or  who  shall  willfully, 
corruptly,  and  falsely  mark,  grade,  estimate,  or  report  upon  the  exami- 
nation or  proper  standing  of  any  person  examined  hereunder,  or  aid 
in  so  doing,  or  who  shall  willfully  and  corruptly  make  any  false  repre- 
sentations concerning  .the  same  or  concerning  the  person  examined,  or 
who  shall  willfully  and  corruptly  furnish  to  any  person  any  special  or 
secret  information  for  the  purpose  of  either  improving  or  injuring  the 
prospects  or  chances  of  any  person  so  examined,  or  to  be  examined,  be- 
ing appointed,  employed,  or  promoted,  shall  for  each  such  offense  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars,  nor  more  than 
one  thousand  dollars,  or  by  imprisonment  not  less  than  ten  days,  nor 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 


CIVIL    SERVICE — THE    EXECUTIVE    DEPARTMENTS,    ETC.     143 

Sec.  6.     *     *     *     Third.  That  from  time  to  time     *     *     *     each  of   Revision,  claasi- 
the  heads  of  Departments  mentioned  in  the  one  hundred  and  fifty-  fa^****°',jj*"'^4.*Jf 
eighth  section  of  the  Revised  Statutes  Ithe  7  principal  Departments']  and  c]"^]^™^^  tli**^ 
each  head  of  an  office,  shall,  on  the  direction  of  the  President,  and  for  heads  of  Depart- 
facilitating  the  execution  of  this  act,  respectively^  revise  any  then  exist-  meats. 
ing  classification  or  arrangement  of  those  in  their  respective  Depart- 
ments and  offices,  and  shall,  for  the  purposes  of  the  examination  herein 
provided  for,  include  in  one  or  more  of  such  classes,  so  far  as  practica- 
ble, subordinate  places,  clerks,  and  officers  in  the  public  service  per- 
taining to  their  respective  Departments  not  before-  classified  for  exam- 
ination. 

Sec.  7.  That  after  the  expiration  of  six  months  from  the  passage  of  I^ersons  subject 
this  act  no  officer  or  clerk  shall  be  appointed,  and  no  person  shall  be  from  the  rule™.^ 
employed  to  enter  or  be  promoted  in  either  of  the  said  classes  now  ex- 
isting, or  that  may  be  arranged  hereunder  pursuant  to  said  rules,  until 
he  has  passed  an  examination,  or  is  shown  to  be  specially  exempted  from 
such  examination  in  conformity  herewith.  But  nothing  herein  con- 
tained shall  be  construed  to  take  from  those  honorably  discharged  from 
the  military  or  naval  service  any  preference  conferred  by  the  seventeen 
hundred  and  fifty-fourth  section  of  the  Revised  Statutes,  nor  to  take 
from  the  President  any  authority  not  inconsistent  with  this  act  conferred 
by  the  seventeen  hundred  and  fifty-third  section  of  said  statutes ;  nor 
shall  any  officer  not  in  the  executive  branch  of  the  Government,  or  any 
person  merely  employed  as  a  laborer  or  workman,  be  required  to  be 
classified  hereunder ;  nor,  unless  by  direction  of  the  Senate,  shall  any 
person  who  has  been  nominated  for  confirmation  by  the  Senate,  be  re- 
quired to  be  classified  or  to  pass  an  examination. 

Sec.  8.  That  no  person  habitually  using  intoxicating  beverages  to  .  Habitual  use  of 
excess  shall  be  appointed  to,  or  retained  in,  any  office,  appointment,  or  e'^r a^^ e^g^ a^]^ a^r 
employment  to  which  the  provisions  of  this  act  are  applicable.  against  appoint- 

Sec.  9.  That  whenever  there  are  already  two  or  more  members  of  a  ment. 
family  in  the  public  service  in  the  grades  covered  by  this  act,  no  other     Not  more  than 
member  of  such  family  shall  be  eligible  to  appointment  to  any  of  said  eligible  *    ^™^^ 
grades.  ^      '  . 

Sec.  10.  That  no  recommendation  of  any  person  who  shall  apply  for   .  R  e  c  ommenda- 

office  or  place  under  the  provisions  of  this  act  which  may  be. given  by  ^^*^:pP"f^®5f 
„       ^ .  ,         ^£.  j^i       TT  ^  T^  J.   J.  •  °  j_        J-    men  not  to  be  re- 

any  Senator  or  member  of  the  House  of  Representatives,  except  as  to  ceived,     except, 
the  character  or  residence  of  the  applicant,  shall  be  received  or  eonsid-  &c. 
ered  by  any  person  concerned  in  making  any  examination  or  appoint- 
ment under  this  act. 

*****  ^  i* 

16  Jan.,  1883,  P.  E.  L.,  p.  406. 

Note. — There  are  three  branches  of  service  classified  under  the  civil  service 
act.  Those  in  the  Departments  at  Washington  are  designated  "The  classified 
Departmental  service."  The  general  board  of  examiners  for  tliis  service  consists 
of  two  persons  from  the  Treasury  Department,  two  from  the  Post-Office  De- 
partment, two  from  the  Interior  Department,  and  one  from  each  of  the  other 
Departments. 

Sec.  1754.  Persons  honorably  discharged  from  the  military  or  naval        Title  19. 
service  by  reason  of  disability  resulting  from  wounds  or  sickness  incurred     Preference    of 
in  the  line  of  duty,  shall  bo  preferred  for  appointments  to  civil  offices,  persons  disabled 
provided  they  are  found  to  possess  the  business  capacity  necessary  for  in  military  or  na- 
the  proper  discjiarge  of  the  duties  of  such  offices.  ^^^  service. 

3  March,  1865,  Res.  No.  27,  s.  1,  v..  13,  p.  571. 

Sec.  1755.  In  grateful  recognition  of  the  services,  sacrifices,  and  suffer-      Recommenda- 
ings  of  persons  honorably  discharged  from  the  military  and  naval  service  ^ent  of  suchper- 
of  the  country,  by  reason  of  wounds,  disease,  or  the  expiration  of  terms  sons, 
of  enlistment,  it  is  respectfully  recommended  to  bankers,  merchants, 
manufacturers,  mechanics,  farmers,  and  persons  engaged  in  industrial 
pursuits,  to  give  them  the  preference  for  appointments  to  remunerative 
situations  and  emploj^ments. 
Idem,  sec.  2. 

Provided,  That  in  making  any  reduction  of  force  in  any  of  the  Execu-    15  Aug.,  1876. 
tive  Departments,  the  head  of  such  Department  shall  retain  those  per-     Preference    to 
sons  who  may  be  equally  qualified,  who  have  been  honorably  discharged  discharged     sol- 
from  the  military  or  naval  service  of  the  United  States,  and  the  widows  diers  and  sailors 
and  orphans  of  deceased  soldiers  and  sailors.  i°  matter  of  re- 

^  ductions. 

15  Aug.,  1876,  s.  3,  v.  19,  p.  143. 


144     CIVIL   SERVICE THE    EXECUTIVE    DEPARTMENTS,    ETC. 


OATH   OF   OFFICE,  AC. 


Sec. 

1756.  Formof  oath  of  oflBce. 

1757.  Oath  for  certain  persona. 

1758.  Who  may  administer  oath. 


Sec. 

1759.  Custody  of  oath. 

1778.  Other  persons  before  whom   oath  may  be 
taken. 


of  office. 


Title  19.  Sec.  1756.  Every  person  elected  or  appointed  to  any  office  of  honor 

'^  „      .^  or  profit,  either  in  the  civil,  military,  or  naval  service,  excepting  the 

orm  o  President  and  the  persons  embraced  by  the  section  following,  shall,  be- 

fore entering  upon  the  duties  of  such  office,  and  befure  being  entitled 
to  any  part  of  the  salary  or  other  emoluments  thereof,  take  and  subscribe 
the  following  oath  :  *^  I,  A  B,  do  solemnly  swear  (or  affirm)  that  I  have 
never  voluntarily  borne  arms  against  the  United  States  since  I  have 
been  a  citizen  thereof;  that  I  have  voluntarily  given  no  aid,  counte- 
nance, counsel,  or  encouragement  to  persons  engaged  in  armed  hostility 
thereto ;  that  I  have  neither  sought,  nor  accepted,  nor  attempted  to 
exercise  the  functions  of  any  office  whatever,  under  any  authority,  or 
pretended  authority,  in  hostility  to  the  United  States;  that  I  have  not 
yielded  a  voluntary  support  to  any  pretended  government,  authority, 
power,  or  constitution  within  the  United  States,  hostile  or  inimical 
thereto.  And  I  do  furthur  swear  (or  affirm)  that,  to  the  best  of  my 
knowledge  and  ability,  I  will  support  and  defend  the  Constitution  of 
the  United  States  against  all  enemies,  foreign  and  domestic ;  that  I 
will  bear  true  faith  and  allegiance  to  the  same ;  that  I  take  this  obliga- 
tion freely,  without  any  mental  reservation  or  purpose  of  evasion,  and 
that  I  will  well  and  faithfully  discharge  the  duties  of  the  office  on  which 
I  am  about  to  enter,  so  help  me  God." 

2  July,  1862,  chap.  128,  v.  12,  p.  502. 
NOTB. — See  Op.  13,  p.  390,  as  to  whom  this  oath  is  applicable. 

Oath  for  cer-  Sec.  1757.  Whenever  any  person  who  is  not  rendered  ineligible  to 
tain  persons.  office  by  the  provisions  of  the  fourteenth  amendment  to  the  Constitution 
is  elected  or  appointed  to  any  office  of  honor  or  trust  under  the  Govern- 
ment of  the  United  States,  and  is  not  able,  on  account  of  his  participa- 
tion in  the  late  rebellion,  to  take  the  oath  prescribed  in  the  preceding 
section,  he  shall,  before  entering  upon  the  duties  of  his  office,  take  and 
subscribe  in  lieu  of  that  oath  the  following  oath :  *'I,  A  B,  do  solemnly 
swear  (or  affirm)  that  I  will  support  and  defend  the  Constitution  of  the 
United  States  against  all  enemies,  foreign  and  domestic ;  that  I  will 
bear  true  faith  and  allegiance  to  the  same  ;  that  I  take  this  obligation 
freely  without  any  mental  reservation  or  purpose  of  evasion  ;  and  that  I 
will  well  and  faithfully  discharge  the  duties  of  the  office  on  which  I  am 
about  to  enter.     So  help  me  God." 

11  July,  1868,  chap.  139,  v.  15,  p.  85. 

15  Feb.,  1871,  chap  53,  v.  16,  p.  412. 

Who  may  ad-      Sec.  1758.  The  oath  of  office  required  by  either  of  the  two  preceding 
minister  oath,      sections  may  be  taken  before  any  officer  who  is  authorized  either  by  the 
laws  of  the  United  States,  or  by  the  local  municipel  law,  to  administer 
oaths,  in  the  State,  Territory,  or  District  where  such  oath  may  be  ad- 
ministered. 

6  Aug.,  1861,  8,  2,  V.  12,  p.  326. 

18  April  1876,  ch.  66,  v.  19,  p.  34,  as  to  administrating  oaths  in  the 
Senate. 

Custody  of  oath.  Sec.  1759.  The  oath  of  office  taken  by  any  person  pursuant  to  the 
requirements  of  section  seventeen  hundred  and  fifty-six,  or  of  section 
seventeen  hundred  and  fifty-seven,  shall  be  delivered  in  by  him  to  be 
preserved  among  the  files  of  the  House  of  Congress,  Department,  or 
court  to  which  the  office  in  respect  to  which  the  oath  is  made  may  ap- 
pertain. 

2  July,  1862,  chap.  128,  v,  12,  p.  502. 

Taking    oaths     Sec.  1778.  In  all  cases  in  which,  under  the  laws  of  the  United  States, 
ments!  oaths  or  acknowledgments  may  now  be  taken  or  made  before  any  jus- 

tice of  the  peace  of  any  State  or  Territory,  or  in  the  District  of  Colum- 
bia, they  may  hereafter  be  also  taken  or  made  by  or  before  any  notary 
public  duly  appointed  in  any  State,  District,  or  Territory,  or  any  of  the 
commissioners  of  the  circuit  courts,  and,  when  certified  under  the  hand 
and  official  seal  of  such  notary  or  commissioner,  shall  have  the  same 
force  and  effect  as  if  taken  or  made  by  or  before  such  justice  of  the  peace. 

16  Sept.,  1850,  V.  9,  p.  458. 

29  July,  1854,  a.  1,  v.  10,  p.  315. 


CIVIL    SERVICE THE    EXECUTIVE    DEPARTMENTS,    ETC.     145 


DEfPARTMENT  REGUT,ATI0N8. 


Sec. 

161.   Departmental  regulations. 

Hours  of  busiueas. 

Uolidays. 

173.  Chief  clerks  to  supervise  subordinate  clerks. 

174.  Chief  clerks  to  distribute  duties,  &c. 


Sec. 

175.  Duty  of  chief  pn  receipt  of  report. 

176.  Disbursing  clerks. 

194.  Report  of  clerks  employed. 

195.  Time  of  submitting  annual  reports. 
198.  Biennial  list  of  employ 68. 


Title  4. 


Sec.  161.  The  head,  of  each  Department  is  authorized  to  prescribe 
regulatioDS,  not  inconsistent  with  law,  for  the  government  of  his  De-  "departmental 
partment,  the  conduct  of  its  officers  and  clerks,  the  distribution  and  regulations, 
performance  of  its  business,  and  the  custody,  use,  and  preservation  of 
the  records,  papers,  and  property  appertaining  to  it. 

27  July,  1789,  v.  1,  p.  28.         8  June,  1872,  v.  17,  p.  283. 
15  Sept.,  1789,  v.  1,  p.  68.  30  April,  1798,  v.  1,  p.  553. 

7  Aug.,  1849,  p.  49.  22  June,  1870,  s.  8,  v.  16,  p.  163. 

2  Sept.,  1789,  v.  1,  p.  65.  3  March,  1849,  v.  9,  p.  395. 

Sec.  4.  That  hereafter  it  shall  be  the  duty  of  the  heads  of  the  several    3  March,  1883. 
Executive  Departments,  in  the  interest  of  the  public  service,  to  require     ^~        TTT 
of  all  clerks  and  other  employes,  of  whatever  grade  or  class,  in  their  of    em^ploy^s  in 
respective  Departments  not  less  than  seven  hours  of  labor  each  day,  ex-  the  E  xecutive 
cept  Sundays  and  days  declared  public  holidays  by  law,  or  executive  Departments, 
order :  Provided,  That  the  heads  of  the  Departments  may  by  special 
order,  stating  the  reason,  further  extend  or  limit  the  hours  of  service 
of  any  clerk  or  employ^  in  their  Departments  respectively,  but  in  case 
of  an  extension  it  shall  be  without  additional  compensation,  and  all 
absence  from  the  Departments  on  the  part  of  said  clerks  or  other  em-  * 

ploy^s,  in  excess  of  such  leave  of  absence  as  may  be  granted  by  the 
heads  thereof,  which  shall  not  exceed  thirty  days  in  any  one  year,  ex- 
cept in  case  of  sickness,  shall  be  without  pay. 

Sec.  5.  That  all  acts  or  parts  of  acts  inconsistent  or  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed. 

March  3,  1883,  chap.  128,  P.  E.  L.,  p.  563. 

The  following  days,  to  wit :  The  first  day  of  January,  commonly    June  28, 1870. 
called  New  Year's  day,  the  twenty-second  day  of  February,  the  fourth  . ,       .        ' 

day  of  July,  the  tweiity-tifth  day  of  December,  commonly  called  Christ-  cistrict^^or  Co^ 
mas  day,  and  any  day  appointed  or  recommended  by  the  President  of  lumbia. 
the  United  States  as  a  day  of  public  fast  or  thanksgiving,  shall  be 
holidays  within  the  District  of  Columbia,  and  shall,  for  all  purposes 
of  presenting  for  payment  or  acceptance  for  the  maturity  and  protest, 
and  giving  notice  of  the  dishonor  of  bills  of  exchange,  bank  checks, 
and  promissory  notes  or  other  negotiable  or  commercial  paper,  be  treated 
and  considered  as  is  the  first  day  of  the  week,  commonly  called  Sunday, 
and  all  notes,  drafts,  checks,  or  other  commercial  or  negotiable  paper 
falling  due  or  maturing  on  either  of  said  holidays  shall  be  deemed  as 
having  matured  on  the  day  previous. 

28  June,  1870,  v.  16,  p.  168. 
31  Jan.,  1879.  v.  20,  p.  277. 


Note. 


A  joint  resolution,  approved  April^l6, 1880,  v.  21,  p.  304,  allows  pay  to 

)lidj 


Title  4. 


the  employ6s  in  the  Government  Pi'inting  Office  on  these  holidays. 

Sec.  173.  Each  chief  clerk  in  the  several  Departments,  and  Bureaus, 
and  other  offices  connected  with  the  Departments,  shall  supervise,  ■ 

under  the  direction  of  his  immediate  superior,  the  duties  of  the  other  supervise  suboS 
clerks  therein,  and  see  that  they  are  faithfully  performed.  dinate  clerks. 

26  Aug.,  1842,  8. 13,  p.  525. 

Sec.  174.  Each  chief  clerk  shall  take  care,  from  time  to  time,  that     Chief  clerks  to 
the  duties  of  the  other  clerks  are  distributed  with  equality  and  uni-  distribute  duties, 
formity,  according  to  the  nature  of  the  case.     He  shall  revise  such  dis-  '^*'- 
tribution  from  time  to  time,  for  the  purpose  of  correcting  any  tendency 
to  undue  accumulation  or  reduction  of  duties,  whether  arising  from  in- 
dividual negligence  or  incapacity,  or  from  increase  or  diminution  of 
particular  kinds  of  business.     And  he  shall  report  monthly  to  his  supe- 
rior officer  any  existing  defect  that  ho  may  be  aware  of  in  the  arrange- 
ment or  dispatch  of  business. 
Idem. 

Sec.  175.  Each  head  of  a  Department,  chief  of  a  Bureau,  or  other  su-     Duty  of  chief 
perior  officer,  shall,  upon  receiving  each  monthly  report  of  his  chief  on  receipt^of  re- 
clerk,  rendered  pursuant  to  the  preceding  section,  examine  the  facts  ^^^^' 
11181 10 


146      CIVIL    SERVICE THE    EXECUTIVE    DEPARTMENTS,    ETC. 

stated  therein,  and  take  such  measures,  in  the  exercise  of  the  powers 
conferred  upon  him  by  law,  as  may  be  necessary  and  proper  to  amend 
any  existing  defects  in  the  arrangement  or  dispatch  of  business  dis- 
closed by  such  report. 
Idem. 
Disbursing  Sec.  176.  The  disbursing  clerks  authorized  by  law  in  the  several  De- 
clerks,  partments  shall  be  appointed  by  the  heads  of  the  respective  Depart- 
ments, from  clerks  of  the  fourth  class;  and  shall  each  give  a  bond  to 
the  United  States  for  the  faithful  discharge  of  the  duties  of  his  office 
according  to  law  in  such  amount  as  shall  be  directed  by  the  Secretary 
of  the  Treasury,  and  with  sureties  to  the  satisfaction  of  the  Solicitor  of 
the  Treasury ;  and  shall  from  time  to  time  renew,  strengthen,  and  in- 
crease his  official  bond,  as  the  Secretary  of  the  Treasury  may  direct. 
Each  disbursing  clerk,  except  the  disbursing  clerk  of  the  Treasury  De- 
partment, must,  when  directed  so  to  do  by  the  head  of  the  Department, 
superintend  the  building  occupied  by  his  Department.*  Each  disburs- 
ing clerk  is  entitled  to  receive,  iu  compensation  for  his  services  in  dis- 
bursing, such  sum  in  addition  to  his  salary  as  a  clerk  of  the  fourth  class 
as  shall  make  his  whole  annual  compensation  two  thousand  dollars  a  year. 

3  March,  1853,  s.  3,  v.  10,  p.  209-211.      3  March,  1873,  a.  1,  v.  17,  p.  485. 
3  March,  1855,  s.  4,  v.  10,  p.  669. 

Eeportof  clerks     ^^^*  ^^^'  ^^®  head  of  each  Department  shall  make  an  annual  report 
employed.  to  Congress  of  the  names  of  the  clerks  and  other  persons  that  have  been 

employed  in  his  Department  and  the  offices  thereof;  stating  the  time 
that  each  clerk  or  other  person  was  actually  employed,  and  the  sums 
paid  to  each;  also,  whether  they  have  been  usefully  employed;  whether 
the  services  of  any  of  them  can  be  dispensed  with  without  detriment  to 
the  public  service,  and  whether  the  removal  of  any  individuals,  and 
the  appointment  of  others  in  their  stead,  is  required  for  the  better  dis- 
patch of  business. 

26  Aug.,  1842,  8. 11,  V.  5.  p.  525. 
Time  of  •  su  b-     Sec.  195.  Except  where  a  different  time  is  expressly  prescribed  by 
mitting  annu  al  law,  the  various  annual  reports  required  to  be  submitted  to  Congress  by 
reports.  ^he  heads  of  Departments  shall  be  made  at  the  commencement  of  each 

regular  session  and  shall  embrace  the  transactions  of  the  preceding  year. 
[Various  acts  of  Congress.] 
Bienniallistsof     Sec.  198.  The  head  of  each  Department  shall,  as  soon  as  practicable 
employ68   to   be  after  the  first  day  in    July  in  each  year  in  which  a  new  Congress 
filed  in  Interior  jg  ^q  assemble,  cause  to  be  filed  in  the  Department  of  the  Interior  a  full 
Department.        ^^^  complete  list  of  all  officers,  agents,  clerks,  and  employes  employed 
in  his  Department,  or  in  any  of  the  offices  or  Bureaus  connected  there- 
with.    He  shall  include  in  such  list  all  the  statistics  peculiar  to  his 
Department  required  to  enable  the  Secretary  of  the  Interior  to  prepare 
the  Biennial  Register.     [See  Public  Documents.] 

27  April,  1816,  s.  1,  v.  3,  p.  342.  I    15  Dec,  1877,  s.  2,  v.  20,  p.  13. 

3  March,  1851,  s.  1,  v.  9,  p.  600.  16  June,  1880,  v.  21,  p.  259. 

U.July,  1832,  v.  4,  p.  608.  | 

Temporary  Vacancies. 


Sec. 

177.  Vacancies,  how  temporarily  filled. 

178.  Vacancies  in  subordinate  offices. 

179.  Discretionary  authority  of  the  President. 


Sec. 

180.  Temporary  appointments  limited  to  ten  days. 

181.  Restriction  on  temporary  appointments. 

182.  Extra  compensation  disallowed. 


Title  4.  Sec.  177.  In  case  of  the  death,  resignation,  absence,  or  sickness  of  the 

t  Vacancies^how  ^^^^  ^f  any  Department,  the  first  or  sole  assistant  thereof  shall,  unless 

temporarily  otherwise  directed  by  the  President,  as  provided  by  section  one  hundred 

filled.  and  seventy-nine,  perform  the  duties  of  such  head  until  a  successor  is 

appointed,  or  such  absence  or  sickness  shall  cease. 

23  July,  1868,  s.  1,  v.  15,  p.  168. 

Note. — Under  sections  177  to  180,  a  vacancy  occasioned  by  the  death  or  resig- 
nation of  the  head  of  a  Department,  or  of  a  chief  of  a  Bureau  therein,  can  be 
filled  by  appointment  ad  interim  for  a  period  of  ten  days  only.  The  power  is 
then  exhausted.— Op.  XVI,  596,  Devens,  Dec.  31,  1880.  The  ten  days  is  to  be 
computed  from  the  date  of  the  President's  action. — Ibid,  457. 


Vacancies    in      Sec.  178.  In  case  of  the  death,  resignation,  absence,  or  sickness  of  the 
IL^^^*^^"**®  ^^'  chief  of  any  Bureau,  or  of  any  officer  thereof,  whose  appointment  is  not 
vested  in  the  head  of  the  Department,  the  assistant  or  deputy  of  such 


fices. 


*  See  act  March  3,  1883,  providing  for-  a  Superintendent  of  State,  War,  and  Navy 
Department  building,  under  NAvr  Department. 


CIVIL    SERVICE THE    EXECUTIVE   DEPARTMENTS,    ETC.     147 

chief  or  of  such  officer,  or  if  there  be  none,  then  the  chief  clerk  of  such 
Bureau,  shall,  unless  otherwise  directed  by  the  President,  as  provided 
by  section  one  hundred  and  seventy-nine,  perform  the  duties  of  such 
chief  or  of  such  officer  until  a  successor  is  appointed  or  such  absence  or 
sickness  shall  cease. 

Idem,  8.  2. 
Sec.  179.  in  any  of  the  cases  mentioned  in  the  two  preceding  sections,     ^^  scretiona^ 
except  the  death,  resignation,  absence,  or  sickness,  of  the  Attorney-Gen-  p^esi^i^.**       * 
eral,  the  President  may,  in  his  disci etion,  authorize  and  direct  the  head 
of  any  other  Department  or  any  other  officer  in  either  Department, 
whose  appointment  is  vested  in  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  to  perform  «he  duties  of  the  vacant  office 
until  a  successor  is  appointed,  or  the  sickness  or  absence  of  the  incum- 
bent shall  cease. 

23  July,  1868,  s.  3,  v.  15,  p.  168. 

22  June,  1870,  s.  2,  v.  16,  p.  162. 

Sec.  180.  A  vacancy  occasioned  by  death  or  resignation  must  not  be  Temporary  ap- 
temporarily  tilled  under  the  three  preceding  sections  for  a  longer  period  P/*^?*/"?'^*^^  ^^" . 
than  ten  days.  *^** 

23  July,  1868,  s.  3,  v.  15,  p.  168. 

Sec.  181.  No  temporary  appointment,  designation,  or  assignment  of    Restriction  on 
one  officer  to  perform  the  duties  of  another,  in  the  cases  covered  by  sec-  temporary  ap- 
tiona  one  hundred  and  seventy-seven  and  one  hundred  and  seventy- P*'^"*'"^®'^*®* 
eight,  shall  be  made  otherwise  than  as  provided  by  those  sections, 
except  to  fill  a  vacancy  happening  during  a  recess  of  the  Senate. 
Idem,  8.  2. 

Sec.  182.  An  officer  performing  the  duties  of  another  office,  during  a  Extra compensa- 
vacancy,  as  authorized  by  sections  one  hundred  and  seventy-seven,  one  tion  disallowed, 
hundred  and  seventy-eight,  and  one  hundred  and  seventy-nine,  is  not 
by  reason  thereof  entitled  to  any  other  compensation  than  that  attached 
to  his  proper  office. 

Idem,  8.  3. 

Note. — This  provision  (Section  182)  was  designed  to  be  general,  and  applies 
as  well  to  those  vacancies  "which  are  sxipplied  by  operation  of  the  statute  as  to 
those  which  are  filled  by  designation  oi  the  President. — Op.  XIII,  7,  March  26, 
1862,  Hoar.  ; 


Tenure  of  Office,  &c. 


Sec. 

1760.  Unauthorized  office,  no  salary  for. 

1761.  Appointees  to  fill  vacancies  during  recess  of 

Senate. 

1762.  Salaries  to  officers  improperly  holding  over. 

1767.  Tenure  of  office. 

1768.  Suspension  and  filling  vacancies. 

1769.  Filling  vacancies  temporarily. 

1770.  Term  of  office  not  to  be  extended. 

1771.  Acceptingorexercisingofficecontrarytolaw. 

1772.  Eemoving,  appointing,  or  commissioning  offi- 

cer contrary  to  law. 


Sec. 

1773.  Commissions. 

1774.  Notification  of  appointments  to  Secretary  of 

Treasury. 

1775.  Notification  of  nominations,  rejections,  &o., 

to  Secretary  of  Treasury. 

1786.  Proceedings  against  persons  illegally  hold- 

ing office. 

1787.  Penalty  for  illegally  holding  office. 


Title  19. 


Sec.  1760.  No  money  shall  be  paid  from  the  Treasury  to  any  person 
acting  or  assuming  to  act  as  an  officer,  civil,  military,  or  naval,  as  sal-  unauthorized 
ary,  in  any  office  when  the  office  is  not  authorized  by  some  previously  office,  no  salary 
existing  law,  unless  such  office  is  subsequently  sanctioned  by  law.  for. 

9  Feb.,  1863,  8.  2,  v.  12,|p.  646. 

Sec.  1761.  No  money  shall  be  paid  from  the  Treasury,  as  salary,  to    No  salaries  to 
any  person  appointed  during  the  recess  of  the  Senate,  to  fill  a  vacancy  certain  appoint- 
in  any  existing  office,  if  the  vacancy  existed  while  the  Senate  was  incfesduring^ecesa 
session  and  was  by  law  required  to  be  filled  by  and  with  the  advice  and  of  Senate, 
consent  of  the  Senate,  until  such  appointee  has  been  confirmed  by  the 
Senate. 

Id»m. 

Sec.  1762.  No  money  shall  be  paid  or  received  from  the  Treasury,  or    Salaries  to  offi- 
paid  or  received  from  or  retained  out  of  any  public  moneys  or  funds  of  ^^j^j^""^™^®''^^ 
the  United  States,  whether  in  the  Treasury  or  not,  to  or  by  or  for  the        ^°° 
benefit  of  any  person  appointed  to  or  authorized  to  act  in  or  holding  or 
exercising  the  duties  or  functions  of  any  office  contrary  to  sections  seven- 
teen hundred  and  sixty-seven  to  seventeen  hundred  and  seventy,  inclu- 


148     CIVIL    SERVICE THE   EXECUTIVE   DEPARTMENTS,    ETC. 

sive ;  nor  shall  any  claim,  account,  voucher,  order,  certificate,  warrant, 
or  other  instrument  providing  for  or  relating  to  such  payment,  receipt, 
or  retention,  be  presented,  passed,  allowed,  approved,  certified,  or  paid 
by  any  officer,  or  by  any  perspn  exercising  the  functious  or  performing 
the  duties  of  any  office  or  place  of  trust  under  the  United  States,  for  or 
in  respect  to  such  office,  or  the  exercising  or  performing  the  functions 
or  duties  thereof.  Every  person  who  violates  any  of  the'^rovisions  of 
this  section  shall  be  deemed  guilty  of  a  high  misdemeanor,  and  shall  be 
imprisoned  not  more  than  ten  years,  or  fined  not  more  than  ten  thou- 
sand dollars,  or  both. 

2  March,  1867,  8. 9,  v.  14,  p.  431. 

20  June,  1«75,  v.  18,  p.  109. 

Tenure  of  office.  Sec.  1767.  Every  person  holding  any  civil  office  to  which  he  has  been 
or  hereafter  may  be  appointed  by  and  with  the  advice  and  consent  of 
the  Senate,  and  who  shall  have  become  duly  qualified  to  act  therein, 
shall  bo  entitled  to  hold  such  office  during  the  term  for  which  he  was 
appointed,  unless  sooner  removed  by  and  with  the  advice  and  consent 
of  the  Senate,  or  by  the  appointment,  with  the  like  advice  and  consent, 
of  a  successor  in  his  place,  except  as  herein  otherwise  x>rovided. 

2  March,  1867,  s.  1,  v.  14.  p.  430. 
5  April,  1869,  8.  1,  v.  16,  p.  6. 

Suspension  and  Sec.  1768.  During  any  recess  of  the  Senate  the  President  is  author- 
filling  vacancies  ized,  in  his  discretion,  to  suspend  any  civil  officer  appointed  by  and 
with  the  advice  and  consent  of  the  Senate,  except  judges  of  the  courts 
of  the  United  States,  until  the  end  of  the  next  session  of  the  Senate, 
and  to  designate  some  suitable  person,  subject  to  be  removed,  in  his 
discretion,  by  the  designation  of  another,  to  perform  the  duties  of  such 
suspended  officer  in  the  mean  time ;  and  the  person  so  designated  shall 
take  the  oath  and  give  the  bond  required  bj^lawto  betaken  and  given 
by  the  suspended  officer,  and  shall,  during  the  time  he  peribrms  the 
duties  of  such  officer,  be  entitled  to  the  salary  and  emoluments  of  the 
office,  no  part  of  which  shall  belong  to  the  officer  suspended.  The 
President  shall,  within  thirty  days  after  the  commencement  of  each 
session  of  the  Senate,  except  for  any  office  which  in  his  opinion  ought 
not  to  be  filled,  nominate  persons  to  fill  all  vacancies  in  office  which  ex- 
isted at  the  meeting  of  the  Senate,  whether  temporarily  tilled  or  not, 
and  also  in  the  place  of  all  officers  suspended  ;  and  if  the  Senate  during 
such  session  shall  refuse  to  advise  aud  consent  to  an  appointment  in  the 
place  of  any  suspended  officer,  then,  and  not  otherwise,  the  President 
shall  nominate  another  person  as  soon  as  practicable  to  the  same  ses- 
sion of  the  Senate  for  the  office. 

2  March,  1867,  s.  2,  v.  14,  p.  430. 
5  April,  1869,  a.  2,  v.  16,  p.  7. 

!N0TE8. — Section  1768  recognizes  the  existence  of  a  discretion  in  the  President 
to  not  till  an  office  which  has  become  vacant,  where,  in  his  judgment,  it  is  un- 
necessary in  order  to  execute  the  laws.  The  office  is  not  thereby  abolished,  but 
is  merely  left  unfilled.— Op.  XVI,  266,  Uevens,  Feb.  20,  1879, 

An  oiiicer  suspended  under  section  1768.  Revised  Statutes,  is  not  entitled  to  the 
salary  of  the  office  during  the  period  of  suspension,  though  no  person  be  nomi- 
nated for  the  place  or  appointed  to  discharge  its  duties.— C.  C,  XVII,  149. 

Suspension  under  this  section  takes  efiecton  due  notice  thereof  to  the  officer, 
unless  the  terms  of  the  order  fix  a  stated  time  after  notice.  Keceipt  of  the  or- 
der is  due  notice. — Op.  XV.  62,  Pierrepont.  Xov.  20,  1875. 

The  acts  of  a  suspended  officer,  performing  the  duties  of  the  office  (no  other 
person  having  been  authorized  to  perform  them)  are  those  of  an  officer  de  facto-, 
and  are  valued  so  far  as  they  concern  the  interests  of  the  public. — Idem. 

AVhen  no  nomination  is  made,  or  when  one  is  made  and  not  confirmed,  the 
suspended  officer  becomes  reinstated,  but  may  again  be  suspended. — Op.  XV, 
376,  Devens,  Oct.  4,  1877  ;  also,  XIII,  301-308. 

Where  an  officer  has  been  suspended  during  a  recess  of  the  Senate  and  another 
person  designated  to  perform  his  duties,  the  President  may,  at  any  time,  revoke 
the  suspension,  and  thus  reinstate  the  officer. — Op.  XV,  380,  Devens,  Oct.  13, 
1877. 

The  President,  in  nominating  a  person  to  the  place  of  a  suspended  officer,  need 
not  give  any  reasons  for  the  suspension.— Op.  XV,  376,  Devens,  Oct.  4,  1877. 

A  suspended  officer  can  under  no  circumstances  be  allowed  the  salary  of  the 
office  for  the  period  of  his  suspension.— Op.  XIV,  247,  Williams,  March  31,  1873. 

The  President  may  revoke  the  suspension  of  an  officer  and  reinstate  him  in 
the  functions  of  his  office  after  the  rejection  by  the  Senate  of  a  nomination  to 
fill  his  place.— Op.  XIII,  221,  Hoar.  April  2.  1870. 

The  "  Tenure  of  Civil  Office  Act "  impresses  upon  a  class  of  civil  officers  a 
tenure  at  the  will  of  the  officeholder,  which  cannot  be  teiminated  except  by 
the  concurrence  of  the  President  and  the  Senate  in  the  appointment  of  a  suc- 
cessor and  his  actual  induction  in  the  office.— Op.  XII,  307,  Stanbery,  Nov.  21, 
1867. 


CIVIL    SERVICE THE    EXECUTIVE   DEPARTMENTS,    ETC.     149 

Sec.  1769.  The  President  is  authorized  to  fill  all  vacancies  which  Filling  vacan- 
may  happen  during  the  recess  of  the  Senate  by  reason  of  death  or  res-  *^^®*  temporarily, 
ignation  or  expiration  of  term  of  office,  by  granting  commissions 
which  shall  expire  at  the  end  of  their  next  session  thereafter.  And  if 
no  appointment,  by  and  with  the  advice  and  consent  of  the  Senate,  is 
made  to  an  office  so  vacant  or  temporarily  filled  during  such  next  ses- 
sion of  the  Senate,  the  office  shall  remain  in  abeyance,  without  any 
salary,  fees,  or  emoluments  attached  thereto,  nntil  it  is  filled  by  ap- 
pointment thereto  by  and  with  the  advice  and  consent  of  the  Senate; 
and  during  such  time  all  the  powers  and  duties  belonging  to  snch  office 
shall  be  exercised  by  such  ojher  officer  as  may  by  law  exercise  such 
powers  and  duties  in  case  of  a  vacancy  in  such  office. 

2  March,  1867,  s.  3,  v.  14,  p.  430. 
5  April,  1869,  8.  3,  v.  16,  p.  7. 

NOTRS.— The  term  of  office  of  a  chief  of  a  Bareau  being  for  four  years  from 
appointment,  with  the  consent  of  the  Senate,  it  begins  from  the  date  of  sach 
appointment,  and  not  from  the  date  specified  in  the  nomination. — Op.  XVI,  656, 
Jan.  27.  1880. 

Under  art.  II,  sec.  2  of  the  Constitution,  the  President  has  anthority  to  fill, 
during  the  recess  of  the  Senate,  not  only  vacancies  that  have  originated  in  the 
recess,  but  also  such  as  originated  while  the  Senate  was  in  session. — Op.  XVI, 
522.  Devens,  June  18,  1880. 

Sec.  1770.  Nothing  in  sections  seventeen  hundred  and  sixty-seven,     Term  of  office 
seventeen  hundred  and  sixty-eight,  or  seventeen  hundred  and  sixty-  no*  to  1>©  extend- 
nine  shall  be  construed  to  extend  the  term  of  any  office  the  duration  ®^' 
of  which  is  limited  by  law. 

2  March,  1867.  s.  4,  v.  14,  p.  431. 

Sec.  1771.  Every  person  who,  contrary  to  the  four  preceding  sec-     Accepting    or 
tions,  accepts  any  appointment  to  or  employment  in  any  office,  or  holds  exercismg   office 
or  exercises,  or  attempts  to  hold  or  exercise,  any  such  office  or  employ-  ^^^^^^^^  ^**  ^^' 
ment,  shall  be  deemed  guilty  of  a  high  misdemeanor,  and  shall  be  im- 
prisoned not  more  than  five  years,  or  fined  not  more  than  ten  thousand 
dollars,  or  both. 

Idem,  8.  5. 

Sec.  1772.  Every  removal,  appointment,  or  employment,  made,  had,     Removing,  ap- 
OT  exercised,  contrary  to  sections  seventeen  hundred  and  sixty-seven,  pointinff.  orcom- 
to  seventeen  hundred  and  seventy,  inclusive,  and  the  making,  sign-  Smtraxy°to*K!'^ 
ing,   sealing,  countersigning,  or  issuing  of  any  commission  or  letter 
of  authority  for  or  in  respect  to  any  such  appointment  or  employ- 
ment, shall  be  deemed  a  high  misdemeanor,  and  every  person  guilty 
thereof  shall  be  imprisoned  not  more  than  five  years,  or  fined  not  more 
than  ten  thousand  dollars,  or  both. 
Idem,  s.  6. 

Sec.  1773.  The  President  is  authorized  to  make  out  and  deliver,  after    Commissions, 
the  adjournment  of  the  Senate,  commissions  for  all  officers  whose  ap- 
pointments have  been  advised  and  consented  to  hy  the  Senate. 
Idem. 

Sec.  1774.  Whenever  the  President,  without  the  advice  and  consent     Notification  of 
of  the  Senate,  designates,  authorizes,  or  employs  any  person  to  perform  |PP°^^*™®°**'  *^ 
the  duties  of  any  office,  he  shall  forthwith  notify  the  Secretary  of  the  xJ^uiy* '^ ^ 
Treasury  thereof,  and  the  Secretary  of  the  Treasury  shall  thereupon 
communicate  such  notice  to  all  the  proper  accounting  and  disbursing 
officers  of  his  Department. 
Idem,  8.  8. 

Sec.  1775.  The  Secretary  of  the  Senate  shall,  at  the  close  of  each     Notification  of 
session  thereof,  deliver  to  the  Secretary  of  the  Treasury,  and  to  each  of  po^.i^a-tio^s,  re. 
the  Assistant  Secretaries  of  the  Treasury,  and  to  each  of  the  Auditors,  ^®gcr°e^  a^^'  JJ 
and  to  each  of  the  Comptrollers  in  the  Treasury,  and  to  the  Treasurer,  Treasury, 
and  to  the  Register  of  the  Treasury,  a  full  and  complete  list,  duly  certi- 
fied, of  all  the  persons  who  have  been  nominated  to  and  rejected  by  the 
Senate  during  such  session,  and  a  like  list  of  all  the  officers  to  which 
nominations  have  been  made  and  not  confirmed  and  filled  at  such  session. 
Idem,  s.  7. 


150     CIVIL    SERVICE THE    EXECUTIVE    DEPARTMENTS,    ETC. 

Proceedings  Sec.  1786.  Whenever  any  person  holds  office,  except  as  a  member  of 
against  persons  Congress  or  of  some  State  legislature,  contrary  to  the  provisions  of  the* 
office.  ^  ^  ^°^ third  section*  of  the  fourteenth  article  of  amiendment  of  the  Consti- 
tution, the  district  attorney  for  the  district  in  which  such  person  holds 
office  shall  proceed  against  him  by  writ  of  quo  warranto,  returnable  to 
the  circuit  or  district  court  of  the  United  States  in  such  district,  and 
prosecute  the  same  to  the  removal  of  such  person  from  office. 

31  May,  1870,  s.  14,  v.  16,  p.  143. 

Penalty  for  11-  ^^^'  ^'^^'^'  Every  person  who  knowingly  accepts  or  holds  any  office 
legally  holding  TiPder  the  United  States,  or  any  State,  to  which  he  is  ineligible  under 
office.     .  the  third'section  *  of  the  fourteenth  article  of  amendment  of  the  Consti- 

tution, or  who  attempts  to  hold  or  exercise  the  duties  of  any  such  office, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  imprisoned  not 
more  than  one  year,  or  fiued  not  more  than  one  thousand  dollars,  or  both. 
-  Idem,  8.  15. 

Notes. — ^Functionaries  of  the  Government  in  all  of  its  Departments,  civil  or 
military,  supreme  or  subordinate,  general  or  provincial,  political  or  municipal, 
are  undoubtedly  public  officers.— Op.  VIII,  107,  Gushing,  Sept.  30,  1856. 

No  public  oflicer  has  authority  to  enter  into  a  submission  on  behalf  of  the 
United  States  which  will  be  binding,  unless  the  power  be  given  by  statute.— 
TJ.  S.  V.  Ames,  1  Woodbury  &  Minot,  p.  76,  B.  F.  D. 

The  acts  of  a  public  officer,  on  public  matters  within  his  jurisdiction  and 
where  he  has  a  discretion,  are  presumed  to  be  legal  until  the  contrary  be 
shown.— Miller  v.  Dinsman,  7  Howard,  p.  89,  B.  F.  D. 

Where  a  particular  authority  is  confided  to  a  public  officer,  to  be  exercised 
in  his  discretion,  upon  an  examination  of  facts,  of  which  he  is  the  appropriate 
judge,  his  decision  thereon,  in  the  absence  of  any  controlling  provision,  is  ab- 
solutely final.— Allen  v.  Blunt.  3  Story's  Reports,  742,  B.  F.  D. 

The  executive  officers  of  the  Government  are  personally  liable  at  law  for  dam- 
ages, in  the  ordinary  form  of  action,  for  illegal  official,  ministerial  acts  or  omis- 
sions, to  the  injury  of  an  individual.— Brightley  Federal  Digest,  p.  597.  Cites 
authorities. 

A  public  officer,  sued  for  an  illegal  act,  cannot  justify  under  the  instructions 
of  the  head  of  an  Executive  Department. 

.     An  officer  is  responsible  in  damages  for  an  illegal  act  done  under  instrnctions 
of  a  superior,  but  the  Government  is  bound  to  indemnify  him. 

Where  a  statute  imposes  a  particular  duty  upon  an  executive  officer  and  he 
has  acted  (performed  his  duty  according  to  the  understanding  of  the  statute), 
there  is  no  appeal  from  his  action  to  the  President  or  to  any  other  executive 
officer,  unless  such  appeal  is  provided  for  by  law. — Op.  XVI,  317,  Devens,  May 
2,  1879. 

Usages  have  been  established  in  every  Department  of  the  Government,  which 
have  become  a  kind  of  common  law,  and  regulate  the  rights  and  duties  of  those 
who  act  within  their  respective  limits.  And  no  such  change  of  usage  can  have 
a  retrospective  eflfect,  but  must  be  limited  to  the  future.  Usage  cannot  alter 
the  law,  but  it  is  evidence  of  the  construction  given  to  it,  and  must  be  considered 
binding  on  past  transactions. — VII,  Peters,  1-I4,  cited  by  Gushing. — Op.  VIII,  7. 

An  Executive  Department  has  no  right  to  omit  or  delay  the  discharge  of  the 
duties  imposed  upon  it  by  law,  at  the  request  of  a  committee  of  a  House  of  Gon- 
gress ;  it  can  only  pay  attention  to  such  a  request  when  it  affects  a  discretionary 
power.— Op.  Xlil,  113,  Hoar.  June  22,  1869. 

No  process  issued  under  the  authority  of  a  State  government  can  obstruct, 
directlv,  or  indirectly,  the  operations  of  the  Government  of  the  United  States. — 
Op.  XV,  524. 

Where  an  officer  of  the  United  States  is  acting  for  the  Government  in  any 
transaction,  the  benefits  of  which  are  to  the  Government,  or  where  the  end  is 
to  protect  the  interests  of  the  Government,  there  seems  to  be  good  ground  why 
the  Government  should  interpose  and  assume  his  defense  in  case  he  is  sued  on 
account  of  such  proceedings.- Op.  XIV,  189,  Williams,  20  Feb.,  1873. 

The  orders  of  the  head  of  an  Executive  Department,  in  reference  to  matters 
within  its  general  supervision  and  control,  are  in  contemplation  of  law,  those 
of  the  President,  and  have  the  same  binding  effect.— Otto,  101,  p.  755;  Wolsey 
V.  Ghapman,  see  13  Peters,  498;  Wilcox  v.  Jackson;  also  Op.  IX.  463,  and  XI,  400. 

It  is  a  settled  rule  of  administrative  practice  that  the  official  acts  of  a  pre- 
vious administration  are  to  be  considered  by  its  successors  as  final  so  far  as  the 
Executive  is  concerned. — Op.  XV,  208.  The  Secretary  of  the  Interior  should 
not  review  the  decision  of  his  predecessor,  no  new  facts  having  been  presented. 
Principal  of  res  adjudicata  applies. — Op.  XV,  315,  Devens.  See  also  Op.  VIII, 
214,  and  V,  29.  The  well  considered  decision  of  the  head  of  a  Department 
oueht  only  to  be  reversed  upon  clear  evidence  of  mistake  or  wrong. — Op.  X,  63. 
Congress,  in  case  of  appointments,  may  provide  that  certain  acts  shall  be 
done  by  the  appointee  before  he  shall  enter  on  the  possession  of  his  office  un- 
der his  appointment.  These  acts  then  become  conditions  precedent  to  the 
complete  investure  of  the  office.— U.  S.  v.  LeBaron,  19  Howard,  78. 

*  No  person  *  *  shall  hold  any  office,  civil  or  military,  under  the  United  States, 
■who,  having  previously  taken  an  oath  *  *  as  an  officer  of  the  United  States  *  * 
to  support  the  Gonstitution  of  the  United  States,  shall  have  engaged  in  insurrection 
or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the  enemies  thereof.  But 
Congress  may,  by  a  vote  of  two-thirds  of  each  house,  remove  such  disability. 

3d  sec.  14tli  art.  amendment  to  Constitution. 


CLAIMS  AND  CLAIM  AGENTS. 


161 


In  a  matter  which  the  law  confides  to  the  pure  discretion  of  the  Executive, 
the  decision  by  the  President  or  the  proper  head  of  the  Department,  of  any 
question  of  fact  involved,  is  conclusive  and  is  not  subject  to  revision  by  any 
authority  in  the  United  States.— Op.  VI,  226,  Gushing,  Nov.  23,  1853. 

The  lawful  will  of  the  President  may  be  announced  and  an  act  in  the  au- 
thority of  the  President  be  performed,  not  only  by  a  head  of  a  Department, 
but  in  the  second  or  other  degree  of  delegation  by  some  officer  subordinate  to 
such  head.— Op.  VII,  453,  Gushing,  Aug.  31,  1855.  See  this  opinion  for  a  full 
discussion  of  the  relation  of  the  President  to  the  Executive  Departments. 

A  public  officer  is  not  liable  to  an  action  for  an  honest  mistake  made  in  a  mat- 
ter where  he  was  obliged  to  exercise  his  judgment,  though  an  individual  may 
thereby  au^GT.— Kendall  v.  Stokes,  3  Howard,  87.    B.  F.  D. 

PAUDONING  POWER. 

The  power  of  pardon,  conferred  by  the  Gonstitution  on  the  President,  is 
unlimited  except  in  case  of  impeachment.  It  extends  to  every  offense  known 
to  the  law,  and  may  be  exercised  at  any  time  after  its  commission,  either  before 
legal  proceedings  are  taken  or  during  their  pendency,  or  after  conviction  and 
judgment.  The  power  is  not  subject  to  legislative  control.  A  pardon  reaches 
the  punishment  prescribed  for  the  offense  and  the  guilt  of  the  offender.  If 
granted  before  conviction  it  prevents  any  of  the  penalties  and  disabilities  con- 
sequent upon  conviction  from  attaching;  if  granted  after  conviction  it  removes 
the  penalties  and  disabilities,  and  restores  him  to  all  his  civil  rights.  It  ^ivea 
him  anew  credit  and  capacity.  There  is  only  this  limitation  to  its  operation — 
it  does  not  restore  offices  forfeited  or  property  or  interests  vested  in  others  in 
consequence  of  the  conviction  and  judgment. — S.  C.,  Wallace,  4,  p.  334,  Dec, 
1866. 

Fines  and  penalties,  where  they  have  not  been  actually  covered  into  the 
Treasury,  are  restorable  under  a  full  pardon. — Op.  XVI,  p.  3,  April  29,  1878, 
Devens."  See  also  Op.  XIV,  June  28,  1872,  Williams;  XII,  81,  Stanbery ;  VIII, 
p.  281,  Gushing;  Holt's  Digest,  p.  261. 

The  pardon  of  a  deceased  officer  or  soldier  is  impracticable  for  the  reason 
that  it  is  essential  to  the  validity  of  a  pardon  that  it  should  be  accepted.  A 
pardon,  like  a  deed,  must  be  delivered  to  and  accepted  by  the  party  to  whom 
it  is  granted  in  order  to  be  valid. — Holt's  Digest,  p.  262,  cites  U.  S.  v.  Wilson, 
7  Peters,  150. 

A  remission  of  the  penalty  by  a  pardon  by  the  President  will  restore  an  offi- 
cer whose  rank  has  been  reduced  by  sentence  of  a  court-martial  to  his  former 
relative  rank  according  to  the  date  of  his  commission  [Gase  of  an  officer  re- 
duced in  rank  by  having  his  name  placed  lower  down  on  the  list  of  officers  of 
the  same  grade.  The  officer  loses  such  opportunities  for  promotion  as  may  in 
the  meantime  have  occurred.]— Op.  XII,  p.  547,  Jan.  22,  1869,  Evarts. 

The  pardoning  power  of  the  President  cannot  reach  an  executed  sentence 
which  has  been  regularly  imposed  by  a  competent  court.  When  a  sentence 
has  been  executed  in  part  he  can  remit  the  remainder. — Holt's  Digest,  p.  260. 

For  a  statement  of  the  princii)al  grounds  on  which  the  Judge- Advocate-Gen- 
eral of  the  Army  has  favored  pardon  or  remission  of  the  unexpired  punish- 
ments of  soldiers,  see  Winthrop's  Digest,  pp.  359-360. 

An  application  for  a  pardon  was  addressed  to  the  President  and  referred  to 
the  War  Department.  The  latter  asked  the  opinion  of  the  Attorney-General 
on  the  subiect,  who  declined  to  give  it,  as  it  would  only  be  advising  the  Secre- 
tary of  War  what  to  advise  the  President.— Op.  XIV,  p.  20,  March  23, 1872, 
Williams.  . 

The  general  power  of  pardoning  by  the  President  includes  the  power  of  par- 
doning conditionally,  or  of  commuting  to  a  milder  punishment  that  which  has 
been  adjudged  against  the  offender.  The  commutation  of  the  President  is  but 
a  conditional  pardon,  and  that  the  President  may  grant  such  a  conditional  par- 
don has  been  always  recognized  and  decided. — Op.  V,  368,  May  10,  1851,  Crit- 
■tenden,  cites  U.  S.  vs.  Wilson,  7  Peters,  158. 


CLAIMS  AND  CLAIM  AGENTS. 


Sec. 

184.  Subpoenas  to  witnesses  on  claims  pending. 

185.  F'ees  of  witnesses. 

186.  Gompelling  testimony. 

187.  Professional  assistance,  how  obtained. 
190.  Former  employes  acting  as  counsel. 

236.  Public  accounts  to  be  settled  in  the  Treas- 
ury. 
3469.  Gompromise  of  claims. 
3477.  Assignment  of  claims  void,  unless,  &c. 


Sec. 

3478.  Oath  by  persons  prosecuting  claims. 

3479.  Who  rnay  administer  oath. 

3480.  Claims  of  disloyalists. 

5454.  Unlawful  taking  papers  relating  to  claims. 
5498.  Officers,  &c.,  interested  in  claims.  -^ 
Deductions  of  debts  due  United  States.    ^ 

Glaims  against  exhausted  appropriations. 

Claims  based  on  fraud. 


Sec.  184.  Any  head  of  a  Department  or  Bureau  in  which  a  claim        Title  4. 
against  the  United  States  is  properly  pending  may  apply  to  any  judge     g  , 
or  clerk  of  any  court  of  the  United  States,  in  any  State,  District,  or  witnesses. 
Territory,  to  issue  a  subpoena  for  a  witness  being  within  the  juris- 
diction of  such  court,  to  appear  at  a  time  and  place  in  the  subpoena 
stated,  before  any  officer  authorized  to  take  depositions  to  be  used  in 
the  courts  of  the  United  States,  there  to  give  full  and  true  answers  to 
such  written  interrogatories  and  cross-interrogatories  as  may  be  sub- 


to 


152  CLAIMS  AND  CLAIM  AGENTS. 

mitted  with  the  application,  or  to  be  orally  examined  and  cross-exam- 
ined upon  the  subject  of  such  claim. 

14  Feb.,  1871,  8. 1,  V.  16,  p.  412. 
Note.— Where  the  law  imposes  on  oflBcers  the  examination  and  settlement 
of  claims,  it  gives  them  the  authority  to  require  that  the  claim  shall  be  estab- 
lished, or  supported  at  least,  by  oath's  of  witnesses. — Op.  XIV,  Williams,  July 
23,  1874. 

"WitnoBses'  fees.  Sec.  185.  Witnesses  subpnenaed  pursuant  to  the  preceding  section 
shall  be  allowed  the  same  compensation  as  is  allowed  witnesses  in  the 
courts  of  the  United  States. 

14  Feb.,  1871,  s.  1,  v.  16,  p.  412. 

Note. — Under  sec.  848,  R.  S.,  for  each  day's  attendance  in  court  or  before  any 
officer,  pursuant  to  law,  a  witness  is  allowed  one  dollar  and  fifty  cents,  and  five 
cents  a  mile  for  going  from  his  place  of  residence  to  the  place  of  trial  or  hearing, 
and  five  cents  a  mile  for  returning.  When  subpcenaed  in  more  than  one  cause 
between  the  same  partios,  at  the  same  court,  only  one  travel  fee  and  one  per 
diem  compensation  for  attendance  shall  be  allowed — See  sec.  850,  page  73,  part  I. 

Compelling tes-     Sec.  186.  If  any  witness,   after  being  duly  served  with  such  sub- 
timony.  pcena,  neglects  or  refuses  to  appear,  or,  appearing,  refuses  to  testify, 

the  judge  of  the  district  in  which  the  subpoena  issued  may  proceed, 
upon  proper  process,  t6  enforce  obedience  to  the  subpG3na,  or  to  punish 
the  disobedience,  in  like  manner  as  any  court  of  the  United  States 
may  do  in  case  of  process  of  subpoena  ad  testificandum  issued  by  such 
court. 

Idem. 

Professional  as-      Sec.  187.  Whenever  any  head  of  a  Department  or  Bureau  having 
sistancejhowob-  niade  application  pursuant  to  section  one  hundred  and  eighty-four,  for 
^®  ■  a  subpoena  to  procure  the  attendance  of  a  witness  to  be  examined,  is 

of  opinion  that  the  interests  of  the  United  States  require  the  attend- 
ance of  counsel  at  the  examination,  or  require  legal  investigation  of 
any  claim  pending  in  his  Department  or  Bureau,  he  shall  give  notice 
thereof  to  the  Attorney-General,  and  of  all  facts  necessary  to  enable 
the  Attorney-General  to  furnish  proper  professional  service  in  attend- 
ing such  examination,  or  making  such  investigation,  and  it  shall  be 
the  duty  of  the  Attorney-General  to  provide  for  such  service. 
Idem,  s.  3. 

Persons    for-     Sec.  190.  It  shall  not  be  lawful  for  any  person  appointed  after  the 

xnerly  in  the  De-  ^j.^^^  ^^y  Qf  ju^e,  one  thousand  eight  hundred  and  seventy-two,  as  an 

prosecute* claims  officer,  clerk,  or  employ^  in  any  of  the  Departments,  to  act  as  counsel, 

m  them.  attorney,  or  agent  for  prosecuting  any  claim  against  the  United  States 

which  was  pending  in  either  of  said  Departments  while  he  was  such 

officer,  clerk,  or  employ^,  nor  in  any  manner,  nor*by  any  means,  to  aid 

in  the  prosecution  of  any  such  claim,  within  two  years  next  after  he 

shall  have  ceased  to  be  such  officer,  clerk,  or  employe. 

1  June,  1872,  s.  5,  v.  17,  p.  202. 

Note. — By  the  act  of  July  11,  1864,  a  member  of  Congress  elect  is,  previous  to 
as  well  as  after  taking  the  oath  of  office,  debarred  from  acting  as  counsel  for 
parties,  and  from  prosecuting  claims  against  the  Government  before  any  De- 
partment, court-martial,  Bureau,  office,  or  any  civil,  naval,  or  military  commis- 
sion, if  he  has  received,  or  has  agreed  to  receive  any  compensation  whatever, 
directly  or  indirectly  therefor.— Op.  XIV,  133,  Williams,  Nov,  2,  1872. 

Title  7,  Chap.  1.     Sec.  236.  All  claims  and  demands  whatever  by  the  United  States,  or 

■ against  them,  and  all  accounts  whatever  in  which  the  United  States 

are  concerned,  either  as  debtors  or  as  creditors,  shall  be  settled  and  ad- 
justed in  the  Department  of  the  Treasury. 
3  March,  1817,  s.  2,  v.  3,  p.  366. 

Notes. — Services  voluntarily  rendered,  however  valuable,  and  however 
strongly  they  may  appeal  to  the  liberality  and  equity  of  the  Government,  can- 
not be  said  to  give  the  party  who  renders  them  a  legal  right  to  compensation. 
The  person  must  have  been  duly  appointed  to  some  office,  or  duly  employed  in 
some  duty  recognized  by  law.— 'Op.  Ill,  357,  Butler,  Aug.  13,  1838. 

Services  voluntarilv  performed  without  contract  for  compensation,  create  no 
legal  liability.— C.  C.^  XIII. 

An  agent  who  received  payment  on  a  claim  in  good  faith  and  paid  it  over  to 
his  principal  before  informed  of  a  mistake  made,  is  not  liable.  The  principal 
is  liable  either  at  the  suit  of  the  rightful  claimant  or  of  the  United  States.  The 
officer  of  the  Treasury  who  made  the  mistake  is  legally  chargeable  with  the 
amount,  to  be  passed  to  his  credit  on  recovering  the  money.  The  rightful  owner 
does  not  lose  his  right  to  be  paid  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated,  as  the  law  authorized.— Op.  XVI,  193,  Devens,  Oct.  23,  1878.  See 
also  Op.  IV,  298,  307,  V.  183. 


CLAIMS    AND    CLAIM    AGENTS.  153 

Claims  against  the  Governinent  which  are  tlispnted  by  the  officers  authorized 
to  adjust  such  accounts  may  be  compromised.  If  the  claimant  voluntarily 
enters  into  such  a  compromise,  accepting  a  snialler  sum  than  his  demand  and 
givinjr  a  receipt  in  full  for  the  wliole,  he  is  bound  by  the  adjustment. — C.  C,  v. 
8,  p.  134,  Sweeney's  case. 

Where  Congress  appropriated  a  certain  sum  to  pay  a  claimant,  and  the  head  of 
a  Department  found  a  less  sum  due  and  paid  the  latter,  the  appropriation  was 
exhausted  when  the  amount  awarded  was  paid.  A  .succeeding  Secretary  has 
no  jurisdiction  to  award  claimant  an  additional  sum. — Op.  IX,  451,  Black,  July, 
20,  1860.     See  also  Op.  X,  238,  Bates,  Apr.  29,  1862. 

If  funds  to  pay  a  claim  are  sent  at  request  of  claimant,  by  express,  the  claim 
is  thereby  discharged,  whether  the  funds  were  received  or  not.  If  sent  by  draft, 
at  his  request,  claim  subsists,  unless  draft  has  been  paid  [to  proper  party].  A 
disbursing  agent  remitting  funds  due  claimant,  to  his  attorney,  under  instruc- 
tions from  the  attoraey,  given  without  the  knowledge  or  consent  of  the  claimant, 
which  were  not  paid  over,  would  be  liable  to  the  Government  and  the  Govern- 
ment to  the  claimant.— Op.  XIV,  485,  Williams,  Oct.  29,  1874. 

Where  Congress  directs  the  "adjustment  and  settlement"  of  aclaim  "accord- 
ing to  the  rules  and  regulations  heretofore  adopted  by  the  United  States  in  the 
settlement  of  like  cases,"  and  it  appears  that  Congress  has  generally  given  in- 
terest in  like  ca.ses,  it  will  be  allowed. — C.  C,  X,  p.  231.  Atfirmed  by  Supreme 
Court. 

It  is  a  general  rule,  founded  upon  spnnd  principles  and  uniformly  adhered  to 
in  the  administration  of  the  Government,  that  the  Executive  Departments 
neither  allow  nor  charge  interest  to  parties  in  account  with  the  United  States, 
excepting  by  virtue  of  express  agreement  or  in  pursuance  of  some  special  pro- 
vision of  law. — Holt's  Digest,  p.  204. 

Interest  cannot  be  allowed  except  "upon  a  contract  expressly  stipulating  for 
the  payment  of  interest." — C.  C,  I,  p  220. 

As  to  interest,  see  Op.  IV,  14,  79,  136;  V,  105,  138. 

Sec.  3469.  Upon  a  report  by  a  district  attorney,  or  any  special  attorney        Title  36. 
or  agent  having  charge  of  any  claim  in  favor  of  the  United  States,  show-     compromise, 
ing  in  detail  the  condition  of  snch  claim,  and  the  terms  upon  which  the 
same  may  be  compromised,  and  recommending  that  it  be  compromised 
upon  the  terms  so  offered,  and  upon  the  recommendation  of  the  Solicitor  of 
the  Treasury,  the  Secretary  of  the  Treasury  is  authorized  to  compromise 
such  claim  accordingly.    But  the  provisions  of  this  section  shallnot  apply 
to  any  claim  arising  under  the  postal  laws. 
3  March,  1863,  s.  10,  v.  12,  p.  740. 

NoTKS. — Under  section  3469,  the  Solicitor  of  the  Treasury  may  properly  recom- 
mend the  acceptance  of  a  compromise  offered  in  discharge  of  a  claim  of  the  United 
States  before  payment,  where  the  district  attorney  advises  acceptance  upon  the 
ground  that,  from  want  of  evidence  to  establish  the  facts  on  which  a  verdict 
must  dei)end,  he  doubts  his  ability  to  obtain  a  judgment,  even  though  the  de- 
fendant is  able  to  pay  the  amount  of  the  claim. — Op.  XVI,  259,  Devens,  Jan. 
30,  1879. 

This  section  was  intended  to  provide  for  compromising  claims  in  favor  of  the 
United  States  which  are  of  a  personal  character;  does  not  extend  to  claims  to 
real  property  to  which  the  United  States  asserts  ownership  and  has  a  record 
title.— Op.  XVI,  385,  Devens,  Oct.  1,  1879. 

It  does  not  confer  upon  the  Solicitor  of  the  Treasury  a  discretion  to  recom- 
mend for  compromise  cases  in  which  the  claim  is  entirely  solvent,  but  where 
circumstances  of  hardship,  &c.,  exist.— Op.  XVI,  617,  Phillips,  Jan.  8,  1879. 

Sec.  3477.  All  transfers  and  assignments  madeof  any  claim  upon  the        Title  36. 

United  States,  or  of   any  part  or  share  thereof,  or  interest  therein,  "T — : — ' 

whether  absolute  or  conditional,  and  whatever  may  be  the  consideration  claims^  void"  un- 
therefor,  and  all  powers  of  attorney,  orders,  or  other  authorities  for  re-  less,  &c. 
ceiving  payment  of  any  snch  claim,  or  of  any  part  or  share  thereof, 
shall  be  absolutely  null  and  void,  unless  they  are  freely  made  and  ex- 
ecuted in  the  presence  of  at  least  two  attesting  witnesses,  after  the  al- 
lowance of  such  a  claim,  the  ascertainment  of  the  amount  due,  and  the 
issuing  of  a  warrant  for  the  payment  thereof.  Such  transfers,  assign- 
ments, and  powers  of  attorney,  must  recite  the  warrant  for  payment, 
and  must  be  acknowledged  by  the  person  making  them,  before  an  offi- 
cer having  authority  to  take  acknowledgments  of  deeds,  and  shall  be 
certified  by  the  officer ;  and  it  must  appear  by  the  certificate  that  the 
officer,  at  the  time  of  the  acknowledgment,  read  and  fully  explained 
the  transfer,  assignment,  or  warranto?  attorney  to  the  person  acknowl- 
edging the  same. 

26  Feb.,  1853,  s.  1,  v.  10,  p.  170. 
29  July,  1846,  v.  9,  p.  41. 

15'OTES.— Though  the  assignment  of  a  claim  against  the  Government  be  void 
under  section  3477,  R.  S.,  j'et  if  the  Treasury  recognizes  the  assignment  and  pays 
the  amount  found  due  on  an  accounting  to  the  assignee,  an  action  will  not  lie 
to  recover  it  back. — C.  C.  XIII,  292.]  See  in  this  opinion  a  statement  as  to  the 
manner  in  which  accounts  and  claims  against  the  Government  are  settled  by 
the  accounting  officers.! 


154  CLAIMS  AND  CLAIM  AGENTS. 


T 


This  section,  3477,  not  only  extends  to  claims  which  are  to  be  paid  by  Treas- 
ury warrants,  but  extends  to  those  which  relate  to  claims  otherwise  payable. — 
Op.  XVI,  261,  Devens,  Feb.  7, 1879. 

A  power  of  attorney  for  the  collection  of  a  claim  against  the  Government, 
not  executed  in  the  presence  of  "  two  attesting  witnesses  after  the  allowance  of 
siich  claim,  the  ascertainment  of  the  amount  due,  and  the  issuing  of  a  warrant 
for  the  payment  thereof,"  is  void  under  the  act  of  February  26,  1853. — C.  C. 
Y,  362 ;  see  also  Op.  IX,  188. 

The  revocation  of  a  power  of  attorney  can  only  be  affected  by  notice  to  the 
agent.  Notice  to  a  third  party,  without  notice  to  the  agent,  leaves  the  power 
in  force.— C.  C.  VII,  535. 

A  power  of  attorney  not  given  on  account  of  any  valuable  consideration  paid 
to  the  principal,  may  be  revoked  before  the  exercise  of  authority  under  it. — Op. 
IX,  128. 

Where  a  letter  of  attorney  forms  part  of  a  contract,  and  is  security  for  money, 
or  for  the  perfonuauce  of  "any  act  which  is  deemed  valuable,  it  is  generally 
made  irrevocable  in  terms,  or,  if  not  so,  it  is  deemed  irrevocable  in  law.  If  a 
power  of  attorney  be  coupled  with  an  "interest''  it  survives  the  person  giving 
ft  and  may  be  executed  after  his  death.     VIII,  Wheaton,  203.     See  Op.  VII,  35. 

A  naked  power  of  attorney  is  revokable  at  the  will  of  him  who  gave  It, 
although  the  writing  should  say  it  was  irrevocable. — Op.  VII,  38. 

See  Op.  XI,  7,  where  it  was  held  that,  although  an  agent,  under  a  power  to 
prosecute,  demand,  recover,  and  receive  a  claim,  did  prosecute  it  to  the  award, 
and  another  was  appointed  to  collect,  the  installment  could  be  paid  to  the  latter — 
the  power  of  the  former  not  having  been  coupled  with  an  interest. 

Oath  by  per-     Sec.  3478.  Any  person  prosecuting  claims,  either  as  attorney  or  on  his 

clainw^°^^^"*"^^  ^^^  account,  before  any  of  the  Departments  or  Bureaus  of  the  United 

States,  shall  be  required  to  take  the  oath  of  allegiance,  and  to  support 

the  Constitution  of  the  United  States,  as  required  of  persons  in  the  civil 

service. 

17  July,  1862,  s.  1,  v.  12,  p.  610. 

Who  may  ad-     Sec.  3479.  The  oath  provided  for  in  the  preceding  section  may  be 
minister  the  oath,  taken  before  any  justice  of  the  peace,  notary  public,  or  other  person 
who  is  legally  authorized  to  administer  an  oath  in  the  State  or  district 
where  the  same  may  be  administered. 
Idem,  8.  2. 

Note.— It  is  competent  to  the  head  of  a  Department,  as  a  measure  for  the  pro- 
tection of  the  public  interests  committed  to  his  charge,  to  decline  to  recognize, 
or  to  suspend,  the  transaction  of  business  with  an  agent  or  attoraey  for  frauds 
and  fraudulent  practices  attempted  or  committed  by  him  in  the  prosecution  of 
claims  before  the  Department,  and  whose  character  is  such  that  a  reasonable 
degree  of  confidence  cannot  be  placed  in  his  integrity  and  honesty  in  dealing 
with  the  Government.— Op.  XIII,  150,  Hoar,  Oct.  4,  1869. 

Claims  of  dis-      Sec.  3480.  It  shall  be  unlawful  for  any  officer  to  pay  any  account, 
loyalists.  claim,  or  demand  against  the  United  States  which  accrued  or  existed 

prior  to  the  thirteenth  day  of  April,  eighteen  hundred  and  sixty-one,  in 
favor  of  any  person  who  promoted,  encouraged,  or  in  any  manner  sus- 
tained the  late  rebellion,  or  in  favor  of  any  person  who  during  such  re- 
bellion was  not  known  to  be  opposed  thereto,  and  distinctly  in  favor  of 
its  suppression ;  and  no  pardon  heretofore  granted,  or  hereafter  to  be 
granted,  shall  authorize  the  payment  of  such  account,  claim,  or  de- 
mand, until  this  section  is  modified  or  repealed.  But  this  section  shall 
not  be  construed  to  prohibit  the  payment  of  claims  founded  upon  con- 
tracts made  by  any  of  the  Departments,  where  such  claims  were  as- 
signed or  contracted  to  be  assigned-  prior  to  the  first  day  of  ApVil, 
eighteen  hundred  and  sixty-one,  to  the  creditors  of  such  contractors, 
loyal  citizens  of  loyal  States,  in  payment  of  debts  incurred  prior  to  the 
first  day  of  March,  eighteen  hundred  and  sixty-one.  [See  act  of  March 
3,  1877,  chap.  105,  p.  362,  v.  19,  as  to  payment  to  mail  contractors.] 
2  March,  1867,  Ees.  46,  v.  14,  p.  571. 

Notes. — This  section  applies  only  to  claims  that  accrued  or  existed  prior  to 
April  13,  1861.  It  does  not  applv  to  claims  in  favor  of  corporations  aggregate. — 
Op.  Xlli,  398,  March  29, 1871,  Akerman. 

This  section  created  a  personal  disability  only,  which  conld  not  operate 
against  the  heirs  of  parties  thus  disqualified. — Winthrop's  Digest,  p.  168. 

Applicable  to  claims  for  bounty  land.— Op.  XV,  p.  450. 

Title 70,  Chap.  5.      Sec.  5454.  Every  person  who  takes  and  carries  away,  without  au- 

UnlawfuUvtak-  ^^^^^^  from  the  United  States,  from  the  place  where  it  has  been  filed, 

ing  or  using  pa-^^^S^^*  ^^  deposited,  or  where  it  may  for  the  time  being  actually  be 

pers  relating  to  kept  by  authority  of  the  United  States,  trny  certificate,  affidavit,  depo- 

claims.  sition,  written  stateii  eut  of  facts,  power  of  attorney,  receipt,  voucher, 

assignment,  or  other  document,  record,  file,  or  paper,  prepared,  fitted, 

or  intended  to  be  used  or  presented  in  order  to  procure  the  payment  of 

money  from  or  by  the  United  States,  or  any  officer  or  agent  thereof,  or 


CLAIMS   AND    CLAIM   AGENTS.  155 

the  allowance  or  payment  of  the  whole  or  any  part  of  any  claim,  ac- 
count, or  demand  against  the  United  States,  whether  the  same  has  or 
has  not  already  been  so  used  or  presented,  and  whether  such  claim, 
account,  or  demand,  or  any  part  thereof,  has  or  has  not  already  been 
allowed  or  paid,  or  who  presents  or  uses  or  attempts  to  use  any  such 
document,  record,  file,  or  paper  so  taken  and  carried  away  in  order  to 
procure  the  payment  of  any  money  from  or  by  the  United  States,  or  any 
officer  or  agent  thereof,  or  the  allowance  or  payment  of  the  whole  or 
any  part  of  any  claim,  account,  or  demand  against  the  United  States, 
shall  be  imprisoned  at  hard  labor  not  more  than  ten  years,  or  fined  not 
more  than  hve  thousand  dollars. 

5  Feb.,  1867,  s.  6,  v.  14,  p.  384. 
Sec.  5498.  Every  officer  of  the  United  States,  or  person  holding  any  Title  70,  Chap.  6 

place  of  trust  or  profit,  or  discharging  any  official  function  under,  or  — r^ 7^— 

in  connection  with,  any  Executive  Department  of  the  Government  of  j^^^^^^^^'^^j^ 
the  United  States,  or  under  the  Senate  or  House  of  Representatives  of  claims, 
the  United  States,  Avho  acts  as  an  agent  or  attorney  for  prosecuting 
any  claim  against  the  United  States,  or  in  any  manner,  or  by  any 
means,  otherwise  than  in  discharge  of  his  proper  official  duties,  aids  or 
assists  in  the  prosecution  or  support  of  any  such  claim,  or  receives  any 
gratuity,  or  any  share  of  or  interest  in  any  claim  from  any  claimant 
against  the  United  States,  with  intent  to  aid  or  assist,  or  in  considera- 
tion of  having  aided  or  assisted,  in  the  prosecution  of  such  claim,  shall 
pay  a  fine  of  not  more  than  five  thousand  dollars,  or  suffer  imprison- 
ment not  more  than  one  year,  or  both.  [See  under  Bribes,  &c.,  Part 
IV.] 

26  Feb.,  1853,  s.  2,  v.  10,  p.  170. 
That  when  any  final  judgment  recovered  against  the  United  States  ;^j^j.(,|j  3  ^^375 

or  other  claim  duly  allowed  by  legal  authoritj'^,  shall  be  presented  to ! L_ 

the  Secretary  of  the  Treasury  for  payment,  and  the  plaintiff  or  claim-  Amount  of  debt 
ant  therein  shall  he  indebted  to  the  United  States  in  any  manner,  ^^*?fr^J^,/".  ^  ^® 
whether  as  principal  or  surety,  it  shall  be  the  duty  of  the  Secretary  to  J^"„  judc^mSs' 
withhold  payment  of  an  amount  of  such  judgment  or  claim  equal  to  the  &cf        "  ' 

debt  thus  due  to  the  United  States ;  and  if  such  plaintiff  or  claimant  as- 
sents to  such  set-off",  and  discharges  his  judgment  or  an  amount  thereof 
equal  to  said  debt  or  claim,  the  Secretary  shall  execute  a  discharge  of  thfe 
debt  due  from  the  plaintiff  to  the  United  States.     But  if  such  plaintiff.     Secretary     to 
or  claimant,  denies  his  indebtedness  to  the  United  States,  or  refuses  to  execute    dis- 
consent  to  the  set-off",  then  the  Secretary  shall  withhold  payment  of  <^^^'«e,  when, 
such  further  amount  of  such  judgment,  or  claim,  as  in  his  opinion  will     Additional 
be  sufficient  to  cover  all  legal  charges  and  costs  in  prosecuting  the  amount    to    be 
debt  of  the  United  States  to  final  judgment.     And  if  such  debt  is  not  withheld, 
already  in  suit,  it  shall  be  the  duty  of  the  Secretary  to  cause  legal  pro- 
ceedings to  be  immediately  commenced  to  enforce  the  same,  and  to     Duty  of  Secre- 
cause  the  same  to  be  prosecuted  to  final  judgment  with  all  reasonable  **^  ^   ^^^  °^ 
dispatch.     And  if  in  such  action  judgment  shall  be  rendered  against    ^ 
the  United  States,  or  the  amount  recovered  for  debt  and  costs  shall  be 
less  than  the  amount  so  withheld  as  before  provided,  the  balance  shall     Balance,    how- 
then  be  paid  over  to  such  plaintiff  by  such  Secretary  with  six  percent,  paid  to  claimant, 
interest  thereon  for  the  time  it  has  been  withheld  from  the  plaintiff. 

3  March,  1875,  v.  18,  p.  481. 
[Claims  where  appropriations  are  exhausted  or  turned  in. — See  act 
of  June  14,  1878,  chap.  191,  s.  5,  v.  20,  p.  130,  which  expired  by  limita- 
tion June  14,  1883.] 

No  claim  shall  hereafter  be  allowed  by  the  accounting  officers,  under    April  30, 1878. 
the  provisions  of  the  act  of  Congress,  approved  June  16,  1874,  or  by  the     Certain  claims 
Court  of  Claims,  or  by  Congress,  to  any  person,  where  such  claimant,  not  to  be  allowed, 
or  those  under  whom  he  claims,  shall  wilfully,  knowingly,  and  with 
intent  to  defraud  the  United  States,  have  claimed  more  than  was  justly 
due  in  respect  to  such  claim,  or  presented  any  false  evidence  to  Con- 
gress, or  to  any  Department  or  court,  in  support  thereof. 

30  April,  1878,  s.  2,  v.  20,  p.  524. 


156  COURT   OP   CLAIMS. 

COURT  OF  CLAIMS. 


Sec, 
188.  Evidence  to  be  furnished  by  the  Depart- 
ments. 

1059.  Jurisdiction. 

1060.  Private  claims  in  Congress,  -when  transmit- 

ted to  Court  of  Claims. 
lOGl.  Judgment  for  set-off  or  counter-claim,  how 
enforced. 

1062.  Decree  on  account  of  paymasters,  «fec. 

1063.  Claims  referred  by  Departments. 

1064.  Procedure  iu  cases  transmitted  by  Depart- 

ments. 

1065.  Judgments  in  oases  transmitted  by  Depart- 

ments, how  i>aid. 
1067.  Claims  pending  in  other  courts  not  to  be 

prosecuted  in  Court  of  Claims. 
1069.  Limitation. 
1072.  Petition. 


Sec. 

1073.  Petition  dismissed  if  issue  found  against 

claimant  as  to  allegiance,  &c. 

1074.  Burden  of  proof  and  evidence  as  to  loyalty. 
1076.  Power  to  call  upon  Departments  for  infor- 
mation. 

1086.  Claims  forfeited  for  fraud. 

1087.  New  ti  ial  on  motion  of  claimant. 

1088.  New  trial  on  motion  of  United  States. 

1089.  Payment  of  judgments. 

1090.  Interest. 

1091.  Interest  on  claims. 

1092.  Payment  of  judgment  a  full  discharge,  &o. 

1093.  Final  judgments  a  bar. 

Cost  of  record  taxed  against  losing  party. 

Fraudulently  claiming  more  than  is  due. 

Act  to  relieve  Congress  and  Departments  of 

investigating  claims. 


Title  4.  Sec.  1 88.  In  all  suits  brought  against  the  United  States  in  the  Court 

Evidence  to  be  ^^  Claims  founded  upon  any  contract,  agreement,  or  transaction  with 
furnished  by  the  any  Department,  or  any  Bureau,  officer,  or  agent  of  a  Department,  or 
Departments  in  where  the  matter  or  thing  on  which  the  claim  is  based  has  been  passed 
suits  pending  in  upon  and  decided  by  any  Department,  Bureau,  or  officer  authorized  to 
Claims  ^^'^^  ^adjust  it,  the  Attorney-General  shall  transmit  to  such  Department,  Bu- 
reau, or  officer,  a  printed  copy  of  the  petition  filed  by  the  claimant,  with 
a  request  that  the  Department,  Bureau,  or  officer,  shall  lurnish  to  the 
Attorney-General  all  facts,  circumstances,  and  evidence  touching  the 
claim  in  the  possession  or  knowledge  of  the  Department,  Bureau,  or 
officer.  Such  Department,  Bureau,  or  officer  shall,  without  delay,  and 
within  a  reasonable  time,  furnish  the  Attorney-General  with  a  full  state- 
ment, in  writing,  of  all  such  facts,  information,  and  proofs.  The  state- 
ment shall  contain  a  reference  to  or  description  of  all  such  official  docu- 
ments or  papers,  if  any,  as  may  furnish  proof  of  facts  referred  to  in  it, 
or  may  be  necessary  and  proper  for  the  defense  of  the  United  States 
against  the  claim,  mentioning  the  Department,  office,  or  place  where 
the  same  is  kept  or  may  be  procured.  If  the  claim  has  been  passed 
upon  and  decided  by  the  Department,  Bureau,  or  officer,  the  statement 
shall  succinctly  state  the  reasons  and  principles  upon  which  such  decis- 
ion was  based.  In  all  cases  where  such  decision  was  founded  upon  any 
act  of  Congress,  or  upon  any  section  or  clause  of  such  act,  the,  same 
shall  be  cited  specifically ;  and  if  any  previous  interpretation  or  con- 
struction has  been  given  to  such  act,  section,  or  clause  by  the  Depart- 
ment, Bureau,  or  officer,  the  same  shall  be  set  forth  succinctly  in  the 
statement,  and  a  copy  of  the  opinion  filed,  if  any,  shall  be  auuexed  to 
it.  Where  any  decision  in  the  case  has  been  based  upon  any  regulation 
of  a  Department,  or  where  such  regulation  has,  in  the  opinion  of  the 
Department,  Bureau,  or  officer  transmitting  such  statement,  any  bear- 
ing upon  the  claim  in  suit,  the  same  shall  be  distinctly  quoted  at  length 
in  the  statement.  But  where  more  than  one  case,  or  a  class  of  cases,  is 
pending,  the  defense  to  which  rests  upon  the  same  facts,  circumstances, 
and  proofs,  the  Department,  Bureau,  or  officer  shall  only  be  required  to 
certify  and  transmit  one  statement  of  the  same,  and  such  statement  shall 
be  held  to  apply  to  all  such  cases,  as  if  made  out,  certified,  and  trans- 
mitted in  each  case  respectively. 

25  June,  1868,  s.  6,  v.  15,  p.  76. 

Note. — The  head  of  a  Department  is  not  at  liberty  to  furnish  to  the  Court  of 

Yil  jA    Claims,  on  a  call  from  that  court,  information  or  papers,  when  to  do  so  would, 

in  his  opinion,  be  injurious  to  the  public  interest.    A  return  setting  forth  such 

opinion  would  in  all  cases  be  a  sufficient  answer  to  the  rule. — Op.  XIII,  539, 

Akerman,  Nov.  24,  1871. 

Title  l3,Chap.21.     Sec.  1059.  The  Court  of  Claims  shall  have  jurisdiction  to  hear  and 
Jurisdictio        determine  the  following  matters : 

Claims  founded  First.  All  claims  founded  upon  any  law  of  Congress,  or  upon  any  reg- 
on  statutes  orulation  of  an  Executive  Department,  or  upon  any  contract,  expressed 
contracts,  or  re- or  implied,  with  the  Government  of  the  United  States,  and  all  claims 
grSs?  which  may  be  referred  to  it  by  either  House  of  Congress. 

24  Feb.,  1855,  s.  1,  v.  10,  p.  612. 
3  March,  1875,  v.  18,  p.  481. 
22  June,  1874,  s.  2,  v.  18,  p.  192. 


COURT   OF    CLAIMS.  157 

Second.  All  setoffs,  counter-claims,   claims  for  damages,  whether     Set-offs    and 
liquidated  or  unliquidated,  or  other  demands  whatsoever,  on  the  part  ^^j^^^^*|^JJ^^ °^ 
of  the  Government  of  the  United  States  against  any  person  making 
claim  against  the  Government  in  said  court. 
3  March,  1863,  s.  3,  v.  12,  p.  765. 

Third.  The  claim  of  any  paymaster,  quartermaster,  commissary  of    Disbursing  offi- 
subsistence,  or  other  disbursing  officer  of  the  United  States,  or  of  his  ®®'^^- 
administrators  or  executors,  for  relief  from  responsibility  on  account  of 
capture  or  otherwise,  while  in  the  line  of  his  duty,  of  Government  funds, 
vouchers,  records,  or  papers  in  his  charge,  and  for  which  such  officer 
was  and  is  held  responsible. 

9  May,  1866,  s.  1,  v.  14,  p.  44.  • 

Fourth.  Of  all  claims  for  the  proceeds  of  captured  or  abandoned  prop-  tured^'and^'aban- 
erty,  as  provided  by  the  act  of  March  12,  eighteen  hundred  and  sixty-  doned  property, 
three,  chapter  one  hundred  and  twenty,  entitled  "An  act  to  provide  for 
the  collection  of  abandoned  property  and  for  the  prevention  of  frauds 
in  insurrectionary  districts  within  the  United  States,"  or  by  the  act  of 
July  two,  eighteen  hundred  and  sixty-four,  chapter  two  hundred  and 
twenty- five,  being  an  act  in  addition  thereto  :  Provided,  That  the  rem- 
edy given  in  cases  of  seizure  under  the  said  acts,  by  preferring  claim  in 
the  Court  of  Claims,  shall  be  exclusive,  precluding  the  owner  of  any 
property  taken  by  agents  of  the  Treasury  Department  as  abandoned  or 
captured  property  in  virtue  or  under  color  of  said  acts  from  suit  at  com- 
mon law,  or  any  other  mode  of  redress  whatever,  before  any  court  other 
thanjsaid.  Court  of  Claims:  Provided  also,  That  the  jurisdiction  of  the 
Court  of  Claims  shall  not  extend  to  any  claim  against  the  United  States 
growing  out  of  the  destruction  or  appropriation  of,  or  damage  to,  prop- 
erty by  the  Army  or  Navy  engaged  in  the  suppression  of  the  rebellion. 
[See  sec.  3,  act  of  March  3,  1883,  p.  101.] 

18  Feb.,  1875,  v.  18,  p.  318.  J| 

12  March,  1863,  s.  3,  v.  12,  p.  820.  W 

2  July,  1864,  ss.  2,  3,  v.  13.  p.  13. 
27  July,  1868,  s.  3,  v.  15,  p.  243. 

Sec.  1060.  All  petitions  and  bills  praying  or  providing  for  the  satis-  ,  Private  claims 
faction  of  private  claims  against  the  Government,  founded  upon  any  ^en  trans  nAV 
law  of  Congress,  or  upon  any  regulation  of  an  Executive  Department,  ted  to  Court  of 
or  upon  any  contract,  expressed  or  implied,  with  the  Government  of  Claims, 
the  United  States,  shall,  unless  otherwise  ordered  by  resolution  of  the 
House  in  which  they  are  introduced,  be  transmitted  by  the  Secretary 
of  the  Senate  or  the  Clerk  of  the  House  of  Representatives,  with  all 
the  accompanying  documents,  to  the  Court  of  Claims. 

3  March,  1863,  s.  2,  v.  12,  p.  765. 

Skc.  1061.  Upon  the  trial  of  any  cause  in  which  any  set-off,  counter-     Judgments  for 
claim,  claim  for  damages,  or  other  demand  is  set  up  on  the  part  of  the  cfaim  ^  ho^^^'en^ 
Government  against  any  person  making  claim  against  the  Government  forced.      ^ 
in  said  court,  the  court  shall  hear  and  determine  such  claim  or  demand 
both  for  and  against  the  Government  and  claimant;  and  if  upon  the 
whole  case  it  finds  that  the  claimant  is  indebted  to  the  Government, 
it  shall  render  judgment  to  that  effect,  and  such  judgment  shall  be 
final,  with  the  right  of  appeal,  as  in  other  cases  provided  for  by  law. 
Any  transcript  of  such  judgment,  filed  in  the  clerk's  office  of  any  dis- 
trict or  circuit  court,   shall  be  entered  upon  the  records  thereof,  and 
shall  thereby  become  and  be  a  judgment  of  such  court  and  be  enforced 
as  other  judgments  in  such  courts  are  enforced.     [See  March  3,  1875, 
Claims,  p.  155.  as  to  set-offs.] 

Idem,  8.  3. 

Sec.  1062.  Whenever  the  Court  of  Claims  ascertains  the  facts  of  any     Decree  on  ac- 
loss  by  any  paymaster,  quartermaster,  commissary  of  subsistence,  or  counts    et   pay- 
other   disbursing  officer,  in  the  cases  hereinbefore  provided,  to  have  ™*^«'^^^'    ^' 
been  Avithout  fault  or  negligence  on  the  part  of  such  officer,  it   shall 
make  a  decree  setting  forth  the  amount  thereof,  and  upon  such*decree 
the  proper  accountiug  officers  of  the  Treasury  shall  allow  to  such  offi- 
cer the  amount  so  decreed,  as  a  credit  in  the  settlement  of  his  accounts. 
9  May,  1866,  s.  2,  v.  14,  p.  44, 

Sec.  1063.  Whenever  any  claim  is  made  against  any  Executive  De-  Claims  referred 
partment,  involving  disputed  facts  or  controverted  questions  of  law,  by  Departments, 
where  the  amount  in  controversy  exceeds  three  thousand  dollars,  or 


158  COURT    OF    CLAIMS. 

where  the  decision  will  affect  a  class  of  cases,  or  furnish  a  precedent 
for  the  future  action  of  any  Executive  Department  in  the  adjustment 
of  a  class  of  cases,  without  regard  to  the  amount  involved  in  the  par- 
ticular case,  or  where  any  authority,  right,  privilege,  or  exemption  is 
claimed  or  denied  under  the  Constitution  of  the  United  States,  the 
head  of  such  Department  may  cause  such  claim,  with  all  the  vouchers, 
papers,  proofs,  and  documents  pertaining  thereto,  to  be  transmitted  to 
the  Court  of  Claims,  and  the  same  shall  he  there  proceeded  in  as  if 
originally  commenced  by  ihe  voluntary  action  of  the  claimant;  and  the 
Secretary  of  the  Treasury  may,  upon  the  certificate  of  any  Auditor  or 
Comptroller  of  the  Treasury,  direct  any  account,  matter,  or  claim,  of 
the  character,  amount,  or  class  described  in  this  section,  to  be  trans- 
,  mitted,  with  all  the  vouchers,  papers,  documents,  and  proofs  pertaining 

thereto,  to  the  said  court,  for  trial  and  adjudication:  Provided,  That 
no  case  shall  be  referred  by  any  head  of  a  Department  unless  it  belongs 
to  one  of  the  several  classes  of  cases  which,  by  reason  of  the  subject- 
matter  and  character,  the  said  court  might,  under  existing  laws,  take 
jurisdiction  of  on  such  voluntary  action  of  the  claimant.  [See  act  3 
March,  1883,  p.  161.] 

25  June,  1868,  s.  7,  v.  15,  p.  76. 

Notes. — The  head  of  a  Department  may  refer  a  claim  direct  to  the  Court  of 
Claims,  and  he  does  not  waive  his  right  to  send  a  claim  there  by  allowing  it  in 
the  first  instance  to  be  passed  upon  by  the  accounting  officers  of  the  Treas- 
ury.—C.  C,  V,  p.  64. 

The  head  of  a  Department  may  transmit  a  claim  to  the  Court  of  Claims  un- 
der sec.  1063  R.  S.,  after  the  Auditor  and  Comptroller  of  the  Treasury  have 
settled  it  and  certified  a  balance  due  the  claimant. — C.  C,  XII,  319. 

The  head  of  an  Executive  Department  cannot  transmit  a  claim  to  the  Court  of 
Claims  under  section  1063,  on  the  ground  that  it  involves  disputed  facts  or  con- 
troverted questions  of  law,  if  he  is  forbidden  by  law  to  pay  the  claim. — C.  C, 
XV,  414. 

Procedure  in  Sec.  1064.  All  cases  transmitted  by  the  head  of  any  Department,  or 
ted^bv*^°p^rt-^^P®^  *^®  ^®^*^^^^*^  of  A"  Auditor  or  Comptroller,  according  to  the 
mentsf  provisions  of  the  precemng  section,   shall  be  proceeded  in  as  other 

cases  pending  in  the  Court  of  Claims,  and  shall,  in  all  respects,  be  sub- 
ject to  the  same  rules  and  regulations. 
25  Jane,  1868,  s.  7,  v.  15,  p.  76. 

Judgments    in     Sec.  1065.  The  amount  of  any  final  judgment  or  decree  rendered  in 

cases     transmit-  favor  of  the  claimant,  in  any  case  transmitted  to  the  Court  of  Claims 

ments^ow  paid!  under  the  two  preceding  sections,  shall  be  paid  out  of  any  specific  ap- 

'  propriation  applicable  to  the  case,  if  any  such  there  be ;  and  where  no 

such  appropriation  exists,  the  judgment  or  decree  shall  be  paid  in  the 

same  manner  as  other  judgments  of  the  said  court. 

Idem,  and  3  March,  1875,  v.  18,  p.  481. 

Claimspending  Sec.  1067.  No  person  shall  file  or  prosecute  in  the  Court  of  Claims,  or 
iTt^^to^b  *'""^*^  i^  t^^  Supreme  Court  on  appeal  therefrom,  any  claim  for  or  in  respect 
cuted  in  Court^of  ^^  which  he  or  any  assignee  of  his  has  pending  in  any  other  court  any 
Claims.  suit  or  process  against  any  person  who,  at  the  time  when  the  cause  of 

action  alleged  in  such  suit  or  process  arose,  was,  in  respect  thereto,  act- 
ing or  professing  to  act,  mediately  or  immediately,  under  the  authority 
of  the  United  States. 

25  June,  1868,  s.  8,  v.  15,  p.  677. 

Limitation.  Sec.  1069.  Every  claim  against  the  United  States,  cognizable  by  the 

Court  of  Claims,  shall  be  forever  barred  unless  the  petition  setting  forth 
a  statement  thereof  is  filed  in  the  court,  or  transmitted  to  it  by  the  Sec- 
retary of  the  Senate  or  the  Clerk  of  the  House  of  Representatives  as 
provided  "by  law,  within  six  years  after  the  claim  first  accrues:  Provided, 
That  the  claims  of  married  women  first  accrued  during  marriage,  of  per- 
sons under  the  age  of  twenty-one  years  first  accrued  during  minority, 
and  of  idiots,  lunatics,  insane  persons,  and  persons  beyond  the  seas  at 
the  time  the  claim  accrued,  entitled  to  the  claim,  shall  not  be  barred  if 
the  petition  be  filed  in  the  court  or  transmitted,  as  aforesaid,  within 
three  years  after  the  disability  has  ceased;  but  no  other  disability  than 
those  enumerated  shall  prevent  any  claim  from  being  barred,  nor  shall 
any  of  the  said  disabilities  operate  cumulatively. 
3  March,  1863,  s.  10,  v.  12,  p.  767. 

Note.— The  statute  of  limitations  prescribed  by  the  amended  Court  of  Claims 
act  (March  13,  1863,  12  Stat.  L.,  765,  $  10)  does  not  extend  to  claims  in  the  Bx- 
ecutive  Departments.— C.C.,  XIV,  149. 


COURT    OF    CLAIMS.  159 

Sec.  1072.  The  claimant  shall,  in  all  cases,  fully  set  forth  in  his  peti-  Petition, 
tion  the  claim,  the  action  thereon  in  Congress,  or  by  any  of  the  Depart- 
ments, if  such  action  has  been  had ;  what  persons  are  owners  thereof 
or  interested  therein,  when  and  upon  what  consideration  such  persons 
became  so  interested ;  that  no  assignment  or  transfer  of  said  claim,  or 
of  any  part  thereof  or  interest  therein,  has  been  made,  except  as  stated 
in  the  petition ;  that  said  claimant  is  justly  entitled  to  the  amount 
therein  claimed  from  the  United  States,  after  allowing  all  just  credits 
and  offsets;  that  the  claimant,  and,  where  the  claim  bas  been  assigned, 
the  original  and  every  prior  owner  thereof,  if  a  citizen,  has  at  all  times 
borne  true  allegiance  to  the  Government  of  the  United  States,  and, 
whether  a  citizen  or  not,  has  not  in  any  way  voluntarily  aided,  abetted, 
or  given  encouragement  to  rebellion  against  the  said  Government,  and 
that  he  believes  i  he  facts  as  stated  in  the  said  petition  to  be  true.  And 
the  said  petition  shall  be  verified  by  the  affidavit  of  the  claimant,  his 
agent,  or  attorney. 

24  Feb.,  1855,  a.  1,  v.  10,  p.  612. 

3  March,  1863,  s.  12,  v.  12,  p.  767. 

Sec.  1073.  The  said  allegations  as  to  true  allegiance  and  voluntary    Petition  dis- 
aiding,  abetting,  or  giving  encouragement  to  rebellion  against  the  Gov-  ™is8ed,  if  issue 
ernment  may  be  traversed  by  the  Government,  and  if  on  the  trial  such  c^a^^anl;  as  to  al- 
issues  shall  be  decided  against  the  claimant,  his  petition  shall  be  dis-  legiance,  &c. 
missed. 

3  March,  1863,  s.  12,  v.  12,  p.  767. 

Sec.  1074.  Whenever  it  is  material  in  any  claim  to  ascertain  whether    Burden  of  proof 
any  person  did  or  did  not  give  any  aid  or  comfort  to  the  late  rebellion,  ^^^  evidence  as 
the  claimant  asserting  the  loyalty  of  any  such  person  to  the  United  ^  ^^^  ^' 
States  during  such  rebellion  shall  be  required  to  prove  affirmatively  that 
such  person  did,  during  said  rebellion,  consistently  adhere  to  the  United 
States,  and  did  give  no  aid  or  comfort  to  persons  engaged  in  said  rebel- 
lion ;  and  the  voluntary  residence  of  any  such  person  in  any  place 
where,  at  any  time  during  such  residence,  the  rebel  force  or  organiza- 
tion held  sway,  shall  be  prima-facie  evidence  that  such  person  did  give 
aid  and  comfort  to  said  rebellion  and  to  the  persons  engaged  therein. 

25  June,  1868,  s.  3,  v.  15,  p.  75. 

Sec.  1076.  The  said  court  shall  have  power  to  call  upon  any  of  the    Power  to  call 
Departments  for  any  information  or  papers  it  may  deem  necessary,  and  ^P^^  -^®P.^^*" 
shall  have  the  use  of  all  recorded  and  printed  reports  made  by  the  com-  mation.  ^^       '^'^* 
mittees  of  each  House  of  Congress,  when  deemed  necessary  in  the  prose- 
cution of  its  business.     But  the  head  of  any  Department  may  refuse  and 
omit  to  comply  with  any  call  for  information  or  papers  when,  in  his 
opinion,  such  compliance  would  be  injurious  to  the  public  interest. 
24  Feb.,  1855,  s.  11,  v.  10,  p.  614. 

Sec.  1086.  Any  person  who  corruptly  practices  or  attempts  to  prac-  Claims  forfeited 
tice  any  fraud  against  the  United  States  in  the  proof,  statement,  estab-  for  fraud, 
lishment,  or  allowance  of  any  claim,  or  of  any  part  of  any  claim  against 
the  United  States,  shall  ipso  facto  forfeit  the  same  to  the  Government ; 
and  it  shall  be  the  duty  of  the  Court  of  Claims,  in  such  cases,  to  find 
specifically  that  such  fraud  was  practiced  or  attempted  to  be  practiced, 
and  thereupon  to  give  judgment  that  such  claim  is  forfeited  to  the  Gov- 
ernment, and  that  the  claimant  be  forever  barred  from  prosecuting  the 
same.     [See  act  of  April  30,  1878,  po8t.'\ 

3  March,  1863,  s.  11,  v.  12,  p.  767. 

Sec.  1087.  When  judgment  is  rendered  against  any  claimant,  the     New  trial  on 
court  may  grant  a  new  trial  for  any  reason  which,  by  the  rules  of  com-  motion  of  claim- 
mon  law  or  chancery  in  suits  between  individuals,  would  furnish  suffi-  *°*' 
cient  ground  for  granting  a  new  trial. 

24  Feb.,  1855,  s.  9,  v.  10,  p.  614. 

Sec.  1088.  The  Court  of  Claims,  at  any  time  while  any  claim  is  pend-     New  trial  on 
ing  before  it,  or  on  appeal  from  it,  or  within  two  years  next  after  the  motion  of  united 
final  disposition  of  such  claim,  may,  on  motion  on  behalf  of  the  United  states. 
States,  grant  a  new  trial  and  stay  the  payment  of  any  judgment  therein, 
upon  such  evidence,  cumulative  or  otherwise,  as  shall  satisfy  the  court 
that  any  fraud,  wrong,  or  injustice  in  the  premises  has  been  done  to 
the  United  States ;  but  until  an  order  is  made  staying  the  payment  of  a 
judgment,  the  same  shall  be  payable  and  paid  as  now  provided  by  law. 

25  Juno,  1868,  s.  2,  v.  15,  p.  75. 


160  COURT   OF   CLAIMS. 

Payment  of  Sec.  1089.  In  all  cases  of  final  judgments  by  the  Court  of  Claims,  or, 
judgments.  qjj  a^ipeal,  by  the  Supreme  Court,  where  the  same  are  affirmed  in  favor 

of  the  claitrlan^,  the  sum  due  thereby  shall  be  paid  out  of  any  general 
appropriation  made  by  law  for  the  payment  and  satisfaction  of  private 
claims,  on  presentation  to  the  Secretary  of  the  Treasury  of  a  copy  of 
said  judgment,  certified  by  the  clerk  of  the  Court  of  Claims,  and  signed 
by  the  chief  justice,  or,  in  his  absence,  by  the  presiding  judge  of  said 
court.     [See  March  3,  1875,  under  Claims.] 

3  March,  1863,  s.  7,  v.  12,  p.  766. 

3  March,  1875,  v.  18,  p.  481. 

Interest.  Sec.  1090.  In  cases  where  the  judgment  appealed  from  is  in  favor  of 

the  claimant,  and  the  same  is  affirmed  by  the  Supreme  Court,  interest 
thereon  at  the  rate  of  five  per  centum  shall  be  allowed  from  the  date  of 
its  presentation  to  the  Secretary  of  the  Treasury  for  payment  as  afore- 
said, but  no  interest  shall  be  allowed  subsequent  to  the  affirmance,  un- 
less presented  for  payment  to  the  Secretary  of  the  Treasury  as  aforesaid. 
3  March,  1863,  s.  7,  v.  12,  p.  766. 

Interest  claims.      Sec.  1091.  No  interest  shall  be  allowed  on  any  claim  up  to  the  time 
of  the  rendition  of  judgment  thereon  by  the  Court  of  Claims,  unless 
upon  a  contract  expressly  stipulating  for  the  payment  of  interest. 
Idem. 

Payment  of     Sec.  1092.  The  payment  of  the  amount  due  by  any  judgment  of  the 
iodgment  ^  full  Co^irt;  of  Claims  and  of  any  interest  thereon  allowed  by  law,  as  herein- 
c  arge,      .      jj^fore  provided,  shall  be  a  full  discharge  to  the  United  States  of  all 
claim  and  demand  touching  any  of  the  matters  involved  in  the  con- 
troversy. 

Idem. 

Finaljudgments  Sec.  1093.  Any  final  judgment  against  the  claimant  on  any  claim 
a  bar.  prosecuted  as  provided  in  this  chapter  shall  forever  bar  any  further 

claim  or  demand  again.st  the  United  States  arising  out  of  the  matters 
involved  in  the  controversy. 
Idem. 

3  March,  1877.  There  shall  be  taxed  against  the  losing  party  in  each  and  every  cause 
—z — - — - — TT  pending  in  the  Supreme  Court  of  the  United  States  or  in  the  Court  of 
ing  record  ^to  be  Claims  of  the  United  States,  the  cost  of  printing  the  record  in  such  case, 
taxed  against  which  shall  be  collected,  except  when  the  judgment  is  against  the 
losing  party.  United  States,  by  the  clerks  of  said  courts,  respectively,  and  paid  into 
the  Treasury  of  the  United  States. 

3  March,  1877,  ch.  105,  s.  1,  v,  19,  p.  344. 

30  April,  1878.       No  claim  shall  hereafter  be  allowed    *     *     *    by  the  Court  of  Claims 

. — —  *      *     to  any  person,  where  such  claimant,  or  tnose  under  whom  he 

alloweT^'whe r  e  claims,  shall  wilfully,  knowingly,  and  with  intent  to  defraud  the  United 
more  is  fraudu-  States,  have  claimed  more  than  was  justly  due  in  respect  of  such  claim 
lently  claimed  or  presented  any  false  evidence  to  Congress,  or  to  any  Department  or 
than  is  due.         court,  in  support  thereof. 

30  April,  1878,  ch.  77,  s.  2,  v.  20,  p.  524. 

AN  ACT  to  afford  assistance  and  relief  to  Congress  and  the  Executive  Departments 
in  the  investigation  of  claims  and  demands  against  the  Government. 

Be  it  enacted  hy  the  Seriate  and  House  of  Eepresenfatives  of  the   United 
3  March,  1883.   States  of  America  in  Congress  assembled,  That  whenever  a  claim  or  mat- 
Referenc  e    o  f  ^^^  is  pending  before  any  committee  of  the  Senate  or  House  of  Eepre- 
claims    pending  sentatives,  or  before  either  House  of  Congress,  which  involves  the  in- 
before  Congress,  vestigation  and  determination  of  facts,  the  committee  or- house  may 
cause  the  same,  with  the  vouchers,  papers,  proofs,  and  documents  per- 
taining thereto,  to  be  transmitted  to  the  Court  of  Claims  of  the  United 
States,  and  the  same  shall  there  be  proceeded  in  under  such  rules  as 
the  court  may  adopt.     When  the  facts  shall  have  been  found,  the  court 
shall  not  enter  judgment  thereon,  but  shall  report  the  same  to  the  com- 
mittee or  to  the  house  by  which  the  case  was  transmitted  for  its  con- 
sideration. 
P-  Reference     of      Sec.  2.  That  when  a  claim  or  matter  is  pending  in  any  of  the  Exec- 
claims    pending  utive  Departments  which  may  involve  controverted  questions  of  fact  or 
Departments*^^^  ^^^'  *^®  head  of  such  Department  may  transmit  the  same,  with  the 
vouchers,  papers,  proofs,  and  documents  pertaining  thereto,   to  said 
court,  and  the  same  shall  be  there  proceeded  in  under  such  rules  as  the 


CONTINGENT   FUNDS.  161 

court  may  adopt.  When  the  facts  and  conclusions  of  law  shall  have 
been  found,  the  court  shall  not  enter  judgmnt  thereon,  but  shall  re- 
port its  findings  and  opinions  to  the  Department  by  which  it  was  trans- 
mitted for  its  guidance  and  action. 

Sec.  3.  The  jurisdiction  of  said  court  shall  not  extend  to  or  include     C  laims  not 
any  claim  against  the  United  States  growing  out  of  the  destruction  or  Y-^thin  tlie  jum- 
damage  to  property  by  the  Army  or  Navy  during  the  war  for  the  sup-  ^0^1!^°  ^ 
pression  of  the  rebellion,  or  for  the  use  and  occuY)ation  of  real  estate 
by  any  part  of  the  military  or  naval  forces  of  the  United  States  in  the 
operations  of  said  forces  during  the  said  -war  at  the  seat  of  war;  nor 
shall  the  said  court  have  jurisdiction  of  any  claim  against  the  United 
States  which  is  now  barred  by  virtue  of  the  provisions  of  any  law  of 
the  United  States. 

Sec.  4.  In  any  case  of  a  claim  for  supplies  or  stores  taken  by  or  fur-     Claims  for  sup- 
nished  to  any  part  of  military  or  naval  forces  of  the  United  States  for  ^^^l® f'  f'^''  ^' 
their  use  during  the  late  war  for  the  suppression  of  the  rebellion,  the  auppj-Q^a^on  of 
petition  shall  aver  that  the  person  who  furnished  such  supplies  or  the  rebellion, 
stores,  or  from  whom  such  supplies  or  stores  were  taken,  did  not  give 
any  aid  or  comfort  to  said  rebellion,  but  was  throughout  that  war  loyal 
to  the  Government  of  the  United  States,  and  the  fact  of  such  loyalty 
shall  be  a  jurisdictional  fact ;  and  unless  the  said  court  shall,  on  a  pre- 
liminary inquiry,  tind  that  the  person  who  furnished  such  supplies  or 
stores,  or  from  whom  the  same  were  taken  as  aforesaid,  was  loyal  to 
the  Government  of  the  United  States  throughout  said  war,  the  court 
shall  not  have  jurisdiction  of  such  cause,  and  the  same  shall,  without 
further  prv.ceedings,  be  dismissed. 

Skc.  5.  That  the  Attorney-General,  or  his  assistants,  under  his  direc-  I>efense,  &c., 
tion,  shall  appear  for  the  defense  and  protection  of  the  interests  of  the  g^^te^s  '^"^*®*^ 
United  States  in  all  cases  which  may  be  transmitted  to  the  Court  of 
Claims  under  this  act,  with  the  same  power  to  interpose  counter-claims, 
offsets,  defenses  for  fraud  practiced  or  attempted  to  be  practiced  by 
claimants,  and  other  defenses,  in  like  manner  as  he  is  now  required  to 
defend  the  United  States  in  said  court. 

Sec.  6.  That  in  the  trial  of  such  cases  no  person  shall  be  excluded  as    Parties  in  inter- 
a  witness  because  he  or  she  is  a  party  to  or  interested  in  the  same.  ®^*  °^^y  testify. 

Sec.  7.  That  reports  of  the  Court  of  Claims  to  Congress  under  this     Contin nation 
act,  if  not  finally  acted  upon  during  the  session  at  which  they  are  re-  of  reports, 
ported,  shall  be  continued  from  session  to  session  and  from  Congress  to 
Congress  until  the  same  shall  be  finally  acted  upon. 
3  March,  1883,  chap.  116,  P.  E.  L.,  p.  485. 

CONTINGENT  FUNDS. 

Sec.  I   Sec. 

192.  Expenditure  for  uewspapers.  3676.  How  controlled,  &c. 

193.  Annual  report  of  expenditure.  3682.  Kestrietions  on  contingent  appropriations. 
430.  Estimates  for  contingent  expenses.  i  3683.  Purchases  from  contingent  liind  restricted. 

1779.  Expenditure  for  newspapers.  I  Statement  to  be  made  to  Congress. 

1780.  Failure  to  make  report.  !  Not  to  be  used  to  pay  salaries. 

Sec.  192.  The  amount  expended  in  any  one  year  for  newspapers,  for         Title  4. 
any  Department,  except  the  Department  of  State,  including  all  the     Exnenditure 
Bureaus  and  offices  connected  therewith,  shall  not  exceed  one  hundred  for  newspapers, 
dollars.     And  all  newspapers  purchased  with  the  public  money  for  the 
use  of  either  of  the  Dex^artments  must  be  preserved  as  files  for  such  De- 
partment. 

26  Aug.,  1842,  s.  16,  v.  5,  p.  526. 

Sec.  193.  The  head  of  each  Department  shall  make  an  annual  report     Annual  report 
to  Congress,  giving  a  detailed  statement  of  the  manner  in  which  the  ^f  contTngent 
contingent  fund  for  his  Department,  and  for  the  Bureaus  and  offices  funds, 
therein,  has  been  expended,  giving  the  names  of  every  person  to  whom 
any  portion  thereof  has  been  paid ;  and  if  for  anything  furnished,  the 
quantity  and  price;  and  if  for  any  service  rendered,  the  nature  of  such 
service,  and  the  time  employed,  and  the  particular  occasion  or  cause,     . 
in  brief,  that  rendered  such  service  necessary  ;  and  the  amount  of  all 
former  appropriations  in  each  case  on  hand,  either  in  the  Treasury  or  in 
the  hands  of  any  disbursing  officer  or  agent.     And  he  shall  require  of 
the  disbursing  officers,  acting  under  his  direction  and  authority,  the 
return  ™  precise  and  analytical  statements  and  receipts  for  all  the 
moneys  which  may  have  been  from  time-to  time  during  the  next  preced- 
11181 11 


162  CONTINGENT    FUNDS. 

ing  year  expended  by  them,  and  shall  communicate  the  results  ol  such 
returns  and  the  sums  total,  annually,  to  Congress.  [See  20  June,  1874, 
post.} 

26  Aug.,  1842,  s.  20,  v.  5,  p.  527. 

Title  10.  Sec.  430.  All  estimates  for     *     *     contingent  expenses  of  the  Depart- 

— itt: — ;;: 7~  ment,  and  of  the  several  Bureaus,  shall  be  furnished  to  the  Secretary 

expends  of  the  Navy  by  the  chiefs  of  the  respective  Bureaus.     [See  $  3666,  Ap- 

propriations.] 

5  July,  1862,  s.  5,  v.  12,  p.  511. 

Title  10.  Sec.  1779.  No  executive  officer,  other  than  the  heads  of  Departments, 

—zz TTT         shall  apply  more  than  thirty  dollars,  annually,  out  of  the  contingent 

for  newspapers.^  fund  under  his  control,  to  x>ay  for  newspapers,  pamphlets,  periodicals, 
or  other  books  or  prints  not  necessary  for  the  business  of  his  office. 
3  March,  1839,  s.  3,  v.  5,  p.  349. 

Failure  to  make  Sec.  1780.  Every  officer  who  neglects  or  refuses  to  make  any  return 
returns  or  re- or  report  which  he  is  required  to  make  at  stated  times  by  any  act  of 
ports.  Congress  or  regulation  of  the  Department  of  the  Treasury,  other  than 

his  accounts,  within  the  time  prescribed  by  such  act  or  regulation,  shall 
be  fined  not  more  than  one  thousand  dollars  and  not  less  than  one  hun- 
dred. 

18  July,  1866,  8. 42,  v.  14,  p.  188. 

Title  41.  Sec.  3676.  All  appropriations  for     *     *     contingent  expenses  of  the 

A  nropriations  ^^'^y  Department  shall  be  under  the  control  and  expended  by  the  direc- 
controll^bySec-  tion  of  the  Secretary  of  the  Navy,  and  the  appropriation  for  each  Bu- 
retary ;  each  Bu-  reau  shall  be  kept  separate  in  the  Treasury, 
reau  to  be  kept  5  j^l^^  18g2^  a  5_  ^  12,  p.  511. 

J^estrictions  on  Sec.  3682.  No  moneys  apxjropriated  for  contingent,  incidental,  or  mis- 
contingent,  &c.,  cellaneous  purposes  shall  be  expended  or  paid  for  official  or  clerical 
appropriations,    compensation.     [See  Aug.  7,  1882,  j^osf.] 

12  July,  1870,  s.  3,  v,  16,  p.  250. 

[The  naval  ax^propriation  act  of  August  5,  1882,  forbids  paying  from 
the  contingent  fund  of  the  Navy  for  personal  services  in  the  Navy 
Department  or  any  of  its  subordinate  bureaus  or  offices  in  the  District 
of  Columbia.] 
Purchases  from     Sec.  3683.  No  part  of  the  contingent  fund  appropriated  to  any  De- 
contingent funds  p^j.^jjjgjj^^  g^j-gg^^^^  qp  office,  shall  be  applied  to  the  purchase  of  any 
res  nc  e  .  articles  except  such  as  the  head  of  the  Department  shall  deem  neces- 

sary and  proper  to  carry  on  the  business  of  the  Department,  Bureau, 
or  office,  and  shall,  by  Avritten  order,  direct  to  be  procured. 
26  Aug.,  1842,  s.  19,  v.  5,  p.  527. 

Notes. — The  Secretary  of  the  Navy  can  draw  on  the  contingent  fund  for  pur- 
poses of  a  contingent  character — that  is,  such  as  might  or  might  not  happen, 
and  which  Congress  could  not  easily  foresee,  and  therefore  could  not  provide 
for  definitely.— Op.  I,  302,  Wirt. 

The  words  "Contingent  expenses,"  as  used  in  the  appropriation  acts,  mean 
such  incidental,  casual  expenses  as  are  necessary,  or  at  least  appropriate  and 
convenient,  in  order  to  the  performance  of  the  duties  required  by  taw  of  the  De- 
partment or  the  office  for  which  the  appropriation  is  made. — Op.  XVI,  412,  Dev- 
ens.  Dec.  19. 1879. 

20  June,  1874.        Hereafter  a  detailed  statement  of  the  expenditure  for  the  preceding 
Statement    ^fiscal  year  of  all  sums  appropriated  for  contingent  expenses  in  any  De- 
expenditures  topartment  or  Bureau  of  the  Government,  shall  be  presented  to  Congress 
be    reported    at  at  the  beginning  of  each  regular  session. 
be^nnmg  of  ses-  Appropriation  acts,  v.  18.  p.  355 ;  v.  19,  p.  156-306, 

20  tfune,  1874,  v.  18,  p.  85,  and  subsequent  acts. 

Aug.  7,  1882.         And  no  civil  officer,  clerk,  draughtsman,  copyist,  messenger,  assistant 
Contingent  not  °^®^®®^S^r»  mechanic,  watchman,  laborer,  or  other  employ  6  shall  here- 
to be  used  to  pay  after  be  employed  at  the  seat  of  government  in  any  executive  depart- 
clerks,  &c.  ment  or  subordinate  bureau  or  office  thereof,  or  be  paid  from  any  appro- 

priation made  for  contingent  expenses,  or  for  any  specific  or  general 
purpose,  unless  such  employment  is  authorized  and  payment  therefor 
specifically  provided  in  the  law  granting  the  appropriation,  and  then 
only  for  services  actually  rendered  in  connection  with  and  for  the  pur- 
poses of  the  appropriation  from  which  payment  is  made,  a^d  at  the 
rate  of  compensation  usual  and  proper  for  such  services.  *  ^  " 
7  Aug.,  1882,  P.  E.  L.,  p.  255. 


DEBTS    DUE    BY    OR   TO    THE    UNITED    STATES. 


163 


DEBTS  DUE  BY  OR  TO  THE  UNITED  STATES. 


Sec. 

3466.  Priority  established. 

3467.  Liability  of  executors. 

3468.  Priority  of  sureties. 

3469.  Comprbiuises. 

3470.  Purchase  on  execution. 


I  Sec. 

3471.  Discharge  of  poor  debtor  by  Secretary  of  the 

Treasury. 

3472.  Discharge  by  the  President. 

Deduction  of  debts  due  from  judgments. 


Skc.  3466.  Whenever  any  person  indebted  to  the  United  States  is  insol-        Title  36, 
vent,  or  whenever  the  estate  of  any  deceased  debtor,  in  tlie  hands  of    priority  estab- 
tlie  executors  or  administrators,  is  insufficient  to  pay  all  the  debts  due  Ushed. 
from  the  deceased,  the  debts  due  to  the  United  States  shall  be  first 
satislied ;  and  the  priority  hereby  established  shall  extend  as  well  to 
cases  in  which  a  debtor,  not  having  sufficient  property  to  pay  all  his 
debts,  makes  a  voluntary  assignment  thereof,  or  in  which  the  estate  and 
effects  of  an  absconding,  concealed,  or  absent  debtor  are  attached  by 
process  of  law,  as  to  cases  in  which  an  act  of  bankruptcy  is  committed. 

3  March.  1797,  8.5,  v.  1,  p.  515. 

2  March,  1799,  a.  65,  v.  1,  p.  676. 

Sec.  3467.  Every  executor,  administrator,  or  assignee,  or  other  person,     Liability  of  er- 
who  pays  any  debt  due  by  the  person  or  estate  from  whom  or  for  which  ^^"*' 
he  acts,  before  he  satisfies  and  pays  the  debts  due  to  the  United  States 
from  such  person  or  estate,  shall  become  answerable  in  his  own  person 
and  estate  for  the  debts  so  due  to  the  United  States,  or  for  so  much 
thereof  as  may  remain  due  and  unpaid. 

2  March,  1799,  s.  65,  v.  1,  p.  676.  ^ 

Sec.  3468.  Whenever  the  principal  in  any  bond  given  to  the  United  Priority  of  sure* 
States  is  insolvent,  or  whenever,  such  principal  being  deceased,  his   ^®^' 
estate  and  effects  which  come  to  the  hands  of  his  executor,  administrator, 
or  assignee,  are  insufficient  for  the  payment  of  his  debts,  and,  in  either 
of  such  cases,  any  surety  on  the  bond,  or  the  executor,  administrator, 
or  assignee  of  such  surety  paj^s  to  the  United  States  the  money  due 
upon  such  bond,  such  surety,  his  executor,  administrator,  or  assignee, 
shall  have  the  like  priority  for  the  recovery  and  receipt  of  the  moneys 
out  of  the  estate  and  effects  of  such  insolvent  or  deceased  principal  as 
is  secured  to  the  United  States ;  and  may  bring  and  maintain  a  suit 
upon  the  bond,  in  law  or  equity,  in  his  own  name,  for  the  recovery  of 
all  moneys  paid  thereon. 
Ibid. 

Sec.  3469.  Upon  a  report  by  a  district  attorney,  or  any  special  attorney     Compromise, 
or  agent  having  charge  of  any  claim  in  favor  of  the  United  StateSjShowing 
in  detail  the  condition  of  such  claim,  and  the  terms  upon  which  the  same 
may  be  compromised,  and  recommending  that  it  be  compromised  upon     ^ 
the  terms  so  offered,  and  upon  the  recommendation  of  the  Solicitor  of  xv 
the  Treasury,  the  Secretary  of  the  Treasury  is  authorized  to  compromise 
such  claim  accordingly.    But  the  provisions  of  this  section  shall  not  apply 
to  any  claim  arising  under  the  postal  laws. 

3  March,  1863,  s.  10,  v.  12,  p.  740. 

Sec.  3470.  At  every  sale,  on  execution,  at  the  suit  of  the  United  Purchase  o  n 
States,  of  lands  or  tenements  of  a  debtor,  the  United  States  may,  by  execution, 
such  agent  as  the  Solicitor  of  the  Treasury  shall  appoint,  become  the 
purchaser  thereof;  but  in  no  case  shall  the  agent  bid  in  behalf  of  the 
United  States  a  greater  amount  than  that  of  the  judgment  for  which 
such  estate  may  be  exposed  to  sale,  and  the  costs.  Whenever  such  pur- 
chase is  made,  the  marshal  of  the  district  in  which  the  sale  is  held  shall 
make  all  needful  conveyances,  assignments,  or  transfers  to  the  United 
States. 

26  May,  1824,  s.  2,  v.  4,  p.  51. 

Sec.  3471.  Any  person  imprisoned  upon  execution  issuing  from  any  Discharge  o  f 
court  of  the  United  States,  for  a  debt  due  to  the  United  States,  which  he  Poo^  debtor  by 
is  unable  to  pay,  may,  at  any  time  after  commitment,  make  application,  Trea^sury.  ^ 

in  writing,  to  the  Secretary  of  the  Treasury,  stating  the  circumstances 
of  his  case,  and  his  inability  to  discharge  the  debt ;  and  thereupon  the 


Op.  xnr,  480 } 

VI,  250,  259. 


164       DEBTS  DUE  BY  OR  TO  THE  UNITED  STATES. 

Secretary  may  make,  or  require  to  be  made,  an  examination  and  inquiry 
into  the  circumstances  of  the  debtor,  by  the  oath  of  the  debtor,  which 
the  Secretary,  orany  otherperson  by  him  specially  appointed,  is  author- 
ized to  administer,  or  otherwise,  as  the  Secretary  shall  deem  necessary 
and  expedient,  to  ascertain  the  truth  ;  and  upon  proof  made  to  his  satis- 
faction, that  the  debtor  is  unable  to  pay  the  debt  for  which  he  is  impris- 
oned, and  that  he  has  not  concealed  or  made  any  conveyance  of  his  estate, 
in  trust,  for  himself,  or  with  an  intent  to  defraud  the  United  States,  or  to 
deprive  them  of  their  legal  priority,  the  Secretary  is  authorized  to  receive 
from  such  debtor  any  deed,  assignment,  or  conveyance  of  his  real  or 
•  personal  estate,  orany  collateral  security,  to  the  use  of  the  United  States. 
Upon  a  compliance  by  the  debtor  with  such  terms  and  conditions  as  the 
Secretary  may  judge  reasonable  and  proper,  the  Secretary  must  issue 
his  order,  under  his  hand,  to  the  keeper  of  the  prison,  directing  him  to 
discharge  the  debtor  from  his  imprisonment  under  such  execution.  The 
debtor  shall  not  be  liable  to  be  imprisoned  again  for  the  debt ;  but  the 
judgment  shall  remain  in  force,  and  may  be  satistied  out  of  any  estate 
which  may  then,  or  at  anytime  afterward,  belong  to  the  debtor.  The 
benefit  of  this  section  shall  not  be  extended  to  any  person  imprisoned 
for  any  fine,  forfeiture,  or  penalty,  incurred  bj^  a  breach  of  any  law  of 
the  United  States,  or  for  moneys  had  and  received  by  any  officer,  agent, 
or  other  person,  for  their  use ;  nor  shall  its  provisions  extend  to  any 
claim  arising  under  the  postal  laws. 

6  June,  1798,  ss.  1, 3,  v.  1,  pp.  561-562. 

Discharge  by  Sec.  3472.  Whenever  any  person  is  imprisoned  upon  execution  for  a 
the  President,  tlebt  due  to  the  United  States,  which  he  is  unable  to  jjay,  and  his  case 
is  such  as  does  not  authorize  his  discharge  by  the  Secretary  of  the 
Treasury,  under  the  preceding  section,  he  may  make  ai)plication  to  the 
President,  who,  upon  proof  made  to  his  satisfaction  that  the  debtor  is 
unable  to  pay  the  debt,  and  upon  a  compliance  by  the  debtor  with  such 
terms  and  conditions  as  the  President  shall  deem  proper,  may  order  the 
discharge  of  such  debtor  from  his  imprisonment.  The  debtor  shall  not 
be  liable  to  be  imprisoned  again  for  the  same  debt;  but  the  judgment 
shall  remain  in  force,  and  may  be  satisfied  out  of  any  estate  which  may 
then,  or  at  any  time  afterward,  belong  to  the  debtor. 
3  March,  1817,  v.  3,  p.  399. 

March  8, 1875.  That  when  any  final  judgment  recovered  against  the  United  States 
~T  TTd^  °^  other  claim  duly  allowed  by  legal  authority,  shall  be  presented  to 
du ™u!"s.°to \e  *^®  Secretary  of  the  Treasury  for  payment,  and  the  plaintiff"  or  claim- 
withheld  by  Sec-  ant  therein  shall  be  indebted  to  the  United  States  in  any  manner,  whether 
retarjr  of  treas-  as  principal  or  suretj",  it  shall  be  the  duty  of  the  Secretary  to  withhold 
f^Iffm^  t^^&°^  payment  of  an  amount  of  such  judgment  or  claim  equal  to  the  debt 
of  ^^tor  against  ^l"^^^  <i"^  ^^  ^^^  United  States  ;  and  if  such  plaintiff  or  claimant  assents 
U.  S.  to  such  set  off,  and  discharges  his  judgment  or  an  amount  thereof  equal 

Secretary     t  o  t®  said  debt  or  claim,  the  Secretary  shall  execute  a  discharge  of  the 
execute   dis-  debt  due  from  the  plaintiff  to  the  United  States. 

charge,  when.  But  if  such  plaintiff",  or  claimant,  denies  his  indebtedness  to  the 

United  States,  or  refuses  to  consent  to  the  set-off",  then  the  Secretary 
shall  withhold  payment  of  such  further  amount  of  such  judgment,  or 
claim,  as  in  his  opinion  will  be  suflicient  to  cover  all  legal  charges  and 
costs  in  prosecuting  the  debt  of  the  United  States  to  final  judgment. 
Proceedings     And  if  such  debt  is  not  already  in  suit,  it  shall  be  the  duty  of  the 
w  he n  claimant  Secretary  to  cause  legal  proceedings  to  be  immediately  commenced  to 
denies  debt.         enforce  the  same,  and  to  cause  the  same  to  be  prosecuted  to  final  judg- 
ment with  all  reasonable  dispatch. 
Balance,    how     And  if  in  such  action  judgment  shall  be  rendered  against  the  United 
paid  when  claim-  States,  or  the  amount  recovered  for  debt  and  costs  shall  be  less  than 
ant  obtains  judg-  ^he  amount  so  withheld  as  before  provided,  the  balance  shall  then  be 
men    agains       .  p^^^  ^^^^  ^^  ^^^^^  plaintiff  by  such  Secretary  with  six  per  cent,  inter- 
est thereon  for  the  time  it  has  been  withheld  from  the  plaintiff". 
3  March,  1875,  v.  18,  p.  481. 

Note. — Security  for  a  debt  is  not  payment.  The  Fourth  Auditor  is  not  author- 
ized to  consider  security  offered  for  a  debt  due  the  United  States,  however  ample 
it  may  be,  a  payment  of  a  debt.— Op.  1,  p.  593,  Wirt,  Jan.  24,  1823. 


DISTRESS-WARRANTS.  166 


DISTRESS- WARRANTS. 

Sec.  Sec. 

3625.  Distress-warrant.  3634.  Extent  of  application  of  provisions  relating 

3626.  Contents  of  waarant.  to  distress- warrants. 

3627.  Execvition  against  oflBcer.  3635.  Postponement  of  proceedings  for   non-ac- 

3628.  Execution  against  surety.  counting,  when  allowed. 

3629.  Levy  to  be  a  lien.  3636.  Injunction  to  stay  distress-warrant. 

3630.  Sale  of  lands,  &c.,  on  execution.  3637.  Proceedings  on  distress- warrant  in  circuit 

3631.  Conveyance  of  lauds  sold.  court. 

3632.  Disposal  of  surplus.  3638.  Rights  of  United  States  reserved. 

3633.  Penalty  on  disbursing  officer  failing  to  ac-  i 

count.  I 

Sec.  3625.  Whenever  any  collector  of  the  revenue,  receiver  of  public        Title  40. 
money,  or  other  officer  who  has  received  the  public  money  before  it  is     Distress- w  a  r. 
paid  into  the  Treasury  of  the  United  States,  fails  to  render  his  account,  rant, 
or  pay  over  the  same  in  the  manner  or  within  the  time  required  by  law, 
it  shall  be  the  duty  of  the  First  Comptroller  of  the  Treasury  or  the 
Commissioner  of  Customs  as  the  case  may  be,  to  cause  to  be  stated  the 
account  of  such  officer,  exhibiting  truly  the  amount  due  to  the  United 
St-ates,  and  to  certify  the  same  to  the  Solicitor  of  the  Treasury,  who 
shall  issue  a  warrant  of  distress  against  the  delinquent  officer  and  his 
sureties,  directed  to  the  marshal  of  the  district  in  which  such  officer 
and  his  sureties  reside.     Where  the  officer  and  his  sureties  reside  in 
different  districts,  or  where  they,  or  either  of  them,  reside  in  a  district 
other  thnii  that  in  which  the  estate  of  either  may  be,  which  it  is  in- 
tended to  take  and  sell,  then  such  warrant  shall  be  directed  to  the 
marshals  of  such  districts,  respectively. 

15  May,  1820,  s.  2,  v.  3,  p.  592. 
29  May,  1830,  s.  1,  v.  4,  p.  414. 
27  Feb.,  1877,  v.  19,  p.  249. 

Sec.  3626.  The  warrant  of  distress  shall  specify  the  amount  with     Contents  of 
which  such  deliquent  is  chargeable,  and  the  sums,  if  any,  which  have  warrant, 
been  paid. 

Ibid. 

Sec.  3627.  The  marshal  a  uthorized  to  execute  any  warrant  of  distress  Execution 
shall,  by  himself  or  by  his  deputy,  proceed  to  levy  and  collect  the  sum  ^^ains  o  cer. 
remaining  due,  by  distress  and  sale  of  the  goods  and  chattels  of  such 
dilinquent  officer  ;  having  given  ten  days'  previous  notice  of  such  in- 
tended sale,  by  affixing  an  advertisement  of  the  articles  to  be  sold  at 
two  or  more  public  places  in  the  town  and  county  where  the  goods  or 
chattels  were  taken,  or  in  the  town  or  county  where  the  ow^ner  of  such 
goods  or  chattels  may  reside.  If  the  goods  and  chattels  be  not  sufficient 
to  satisfy  the  warrant,  the  same  may  be  levied  upon  the  person  of  such 
officer,  who  may  be  committed  to  prison,  there  to  remain  until  dis- 
charged by  due  course  of  law. 

15  May,  1820,  s.  2,  v.  3,  p.  593. 

Sec.  3628.  If  the  delinquent  officer  absconds,  or  if  goods  and  chattels  ^^^gJ^^j,*L°^ 
belonging  to  him  cannot  be  found  sufficient  to  satisfy  the  warrant,  the 
marshal  or  his  deputy  shall  proceed,  notwithstanding  the  commitment 
of  the  delin<i[uent  officer,  to  levy  and  collect  the  sum  which  remains  due 
by  such  delinquent,  by  the  distress  and  sale  of  the  goods  and  chattels  of 
his  sureties;  having  given  ten  days' previous  notice  of  such  intended 
sale,  by  affixing  an  advertisement  of  the  articles  to  be  sold  at  two  or 
more  public  places  in  the  town  or  county  where  the  goods  or  chattels 
were  taken,  or  in  the  town  or  county  where  the  owner  resides. 
Ibid. 

Se(\  3629.  The  amount  due  by  any  delinquent  officer  is  declared  to  be      ^^^J    to    ^e 
a  lien  upon  the  lands,  tenements,  and  hereditaments  of  such  officer  and  "®°* 
his  sureties,  from  the  date  of  a  levy  in  pursuance  of  the  warrant  of  dis- 
tress issued  against  him  or  them,  and  a  record  thereof  made  in  the  office 
of  the  clerk  of  the  district  court  of  the  proper  district,  until  the  same 
is  discharged  according  to  law. 
Ibid. 

Sec.  3630.  For  want  of  goods  and  chattels  of  a  delinquent  officer,  or     Sale  of  lands 
his  sureties,  sufficient  to  satisfy  any  warrant  of  distress  issued  pursuant  regelated, 
to  the  foregoing  provisions,  the  lands,  tenements,  and  hereditaments  of 


166  DISTRESS-WARRANTS. 

such  officer  and  liis  sureties,  or  so  mucli  thereof  as  may  be  necessary  for 
that  purpose,  after  being  advertised  for  at  least  three  weeks  in  not  less 
than  three  public  places  in  the  county  or  district  where  such  real  estate 
is  situate,  before  the  time  of  sale,  shall  be  sold  by  the  marshal  of  such 
district  or  his  deputy. 
Jbid. 

Conveyance  of  Sec.  3631.  For  all  lands,  tenements,  or  hereditaments  sold  in  pursu- 
lands.  ance  of  the  preceding  section,  the  conveyance  of  the  marshal  or  his  dep- 

uty, executed  in  due  form  of  law,  shall  give  a  valid  title  against  all 
persons  claiming  under  such  delinquent  officer  or  his  sureties. 
Ibid. 

Disposal  of  8ur-  Sec.  3632.  All  moneys  which  may  remain  of  the  proceeds  of  sales, 
pl^i*'  after  satisfying  the  warrant  of  distress,  and  paying  the  reasonable  costs 

and  charges  of  the  sale,  shall  be  returned  to  such  delinquent  officer  or 
surety,  as  the  case  may  be. 
Ibid. 

Failure  of  dis-  Sec.  3633.  Whenever  any  officer  employed  in  the  civil,  military,  or 
"btirsing  ofiBcer  to  naval  service  of  the  Government,  to  disburEC  the  public  money  appro- 
fws^unt;  P  e »- piiated  for  those  branches  of  the  public  service,  respectively,  fails  to 
render  his  accounts,  or  to  pay  over,  in  the  manner  and  in  the  times 
required  by  law,  or  by  the  regulations  of  the  Department  to  which  he 
is  accountable,  any  sum  of  money  remaining  in  his  hands,  it  shall  be 
the  duty  of  the  First  or  Second  Comptroller  of  the  Treasury,  as  the 
case  maybe,  who  shall  be  charged  with  the  revision  of  the  accounts  of 
such  officer,  to  cause  to  be  stated  and  certified  the  account  of  such 
delinquent  officer  to  the  Solicitor  of  the  Treasury,  who  is  hereby  author- 
ized and  required  immediately  to  proceed  against  such  delinquent  offi- 
cer, in  the  manner  directed  in  the  six  preceding  sections. 

15  May,  1820,  s.  3,  v.  3,  p.  594. 
29  May,  1830,  s.  1,  v.  4,  p.  414. 

Extent  of  ap-      Sec.  3634.  All  the  provisions  relating  to  the  issuing  of  a  warrant  of 
vision  °^o    ^'^  distress  against  a  delinquent  offi<;er  shall  extend  to  every  officer  of  the 
tress-warrants!^  Government  charged  with  the  disbursement  of  the  public  money,  and 
to  their  sureties,  in  the  same  manner  and  to  the  same  extent  as  if  they 
were  herein  described  and  enumerated. 
15  May,  1820,  s.  3,  v.  3,  p.  594. 
Postponement      Sec.  3635.  With  the  approval  of  the  Secretary  of  the  Treasury,  the 
for  ncm-acconnt^- ^^^*'*^*^®'^  of  proceedings  by  a  warrant  of  distress  may  be  postponed, 
ing,  allowed.        for  a  reasonable  time,  in  cases  where,  in  his  opinion,  the  public  interest 
will  sustain  no  injury  by  such  postponement. 
IHd. 

Injunction  to  Sec.  3636.  Any  person  who  considers  himself  aggrieved  by  any  war- 
stay  di  8 1  r  e  8  8-  rant  of  disfress  issued  under  the  foregoing  provisions  may  prefer  a  bill 
warrant.  ^f  complaint  to  any  district  judge  of  the  United  States,  setting  forth 

therein  the  nature  and  extent  of  the  injury  of  which  he  complains ;  and 
thereupon  the  judge  may  grant  an  injunction  to  stay  proceedings  on 
such  warrant  altogether,  or  for  so  much  thereof  as  the  nature  of  the 
case  requires.  But  no  injunction  shall  issue  till  the  party  applying  for 
it  gives  bond,  with  sufficient  security,  in  a  sum  to  be  prescribed  by  the 
judge,  for  the  performance  of  such  j  udgment  as  may  be  awarded  against 
him ;  nor  shall  the  issuing  of  such  injunction  in  any  manner  impair  the 
lien  produced  by  the  issuing  of  the  warrant.  And  the  same  proceed- 
ings shall  be  had  on  such  injunction  as  in  other  cases,  except  that  no 
answer  shall  be  necessary  on  the  i)art  of  the  United  States ;  and  if, 
upon  dissolving  the  injunction,  it  appears  to  the  satisfaction  of  the 
judge  that  the  application  for  the  injunction  was  merely  for  delay,  the 
judge  may  add  to  the  lawful  interest  assessed  on  all  sums  found  due 
against  the  complainant  such  damages  as,  with  such  lawful  interest, 
shall  not  exceed  the  rate  of  ten  per  centum  a  year.  Such  injunction 
may  be  granted  or  dissolved  by  the  district  judge  either  in  or  out  of 
court. 

Ibid.,  ss.  4,  5. 

Proceedings  on      Sec.  3637.  When  the  district  judge  refuses  to  grant  an  injunction  to 

distress  in    cir- stay  proceedings  on  a  distress- warrant,  as  aforesaid,  or  dissolves  such 

cui   con    .  injunctionafter  it  is  granted,  anyperson  who  considers  himself  aggrieved 

by  the  decision  in  the  premises  may  lay  before  the  circuit  justice,  or 


DISBURSING    OFFICERS   AND    AGENTS.  167 

circuit  judge  of  the  circuit  within  which  such  district  lies,  a  copy  of 
the  proceedings  had  before  the  district  judge  ;  and  thereupon  the  circuit 
justice  or  circuit  judge  may  grant  an  injunction,  or  permit  an  appeal, 
as  the  case  may  be,  if,  in  his  opinion,  the  equity  of  the  case  requires  it. 
The  same  proceedings,  subject  to  the  same  conditions,  shall  be  had  upon 
such  injunction  in  the  circuit  conrt  as  are  prescribed  in  the  district 
court. 

Ibid.,  as.  4,  6. 

10  AprU,  1869,  s.  2,  v.  16,  p.  44. 

Sec.  3638.  Nothing  contained  in  the  provisions  of  this  Title  relating    Rights  of  TTni- 
to  distress- warrants  shall  be  construed  to  take  away  or  impair  any  right  *®*  ^f*^*®^    '®* 
or  remedy  which  the  United  States  might  have,  bylaw,  for  the  recovery  ^®^®"' 
of  taxes,  debts,  or  demands. 

15  May,  1820,  s.  9,  v.  3,  p.  596. 

DISBURSING  OFFICERS  AND  AGENTS. 


Sec. 

285.  Disbnrsements    by    order    of   commanding 
oflficer. 

957.  Suits  against  delinquents. 
1389.  Paymasters  not  to  loan. 
1550.  Disbursing  agents  on  foreign  stations. 
1563.  Advances  on  distant  stations. 
176G.  Officers  in  arrears. 
1788.  Disbursing  officers  forbidden  to  trade  in  pnb 

lie  funds  or  property. 
3614.  Bonds  of  special  agents. 

3620.  Duty  of  disbursing  officers. 

3621.  Penalty  for  failure  to  deposit  when  required, 

3622.  Accounts,  when  to  be  rendered. 

3623.  Distinct  accoimts  required. 

3624.  Suits  to  recover  moneys  from  officers 


Sec. 

5481.  Officers  guilty  of  extortion. 

5483.  Requiring  receipts  for  larger  sums  than  paid. 

5488.  Unlawfully  depositing,  loaning,  &c.,  publio 

moneys. 

5489.  Failure  of  Treasurer,   &,c.,  'to  safely  keep 

public  money. 

5490.  Custodian  of  public  money  failing  to  safely 

keep,  without  loaning,  &.c. 

5491.  Failure  of  officers  to  render  accounts,  &c. 

5492.  Failure  to  deposit  as  required. 

5493.  Provisions  of  the  five  preceding  sections, 

how  applied. 

5494.  Record  evidence  of  embezzlement. 

5495.  Prima-facie  evidence. 

5496.  Evidence  of  conversion. 


3639.  Duties  of  custodian  of  public  money.  j  5497.  Unlawfully  receiving,  &c.,  to  be  embezzle- 

3648.  Advances  prohibited.  I  ment. 

Sec.  285.  Every  disbursement  of  public  moneys,  or  disposal  of  public  Title  7,  Chap.  4. 
stores,  made  by  a  disbursing  officer  pursuant  to  an  order  of  any  com-  Diabursementa 
niandiug  officer  of  the  Navy,  shall  be  allowed  by  the  proper  accounting  &c.,  by  order  of 
officers  of  the  Treasury,  in  the  settlement  of  the  accounts  of  the  officer,  commanding  offi- 
upon  satisfactory  evidence  of  the  making  of  such  order,  and  of  the  pay-  cer  of  Navy, 
ment  of  money  or  disposal  of  stores  in  conformity  with  it ;  and  the  com- 
manding officer  by  whose  order  such  disbursement  or  disposal  was 
made,  shall  be  held  accountable  for  the  same. 
3  March,  1849,  Res.  2,  v.  9,  p.  419. 

Sec.  957.  When  suit  is  brought  by  the  United  States  against  any  Title  13, Chap.18. 
revenue  officer  or  other  person  accountable  for  public  money,  who  neg-    _^  ..  ,   „  * 

lects  or  refuses  to  pay  into  the  Treasury  the  sum  or  balance  reported  pQ^l/^'^nJ^ngy^ 
to  be  due  to  the  United  States,  upon  the  adjustment  of  his  account  it  judgment  at  re- 
shall  be  the  duty  of  the  court  to  grant  judgment  at  the  return  term,  turn  term,  unless, 
upon  motion,  unless  the  defendant,  in  open  court,  (the  United  States  ^^' 
attorney  being  present,)  makes  and  subscribes  an  oath  that  he  is  equi- 
tably entitled  to  credits  which  had  been,  previous  to  the  commence- 
ment of  the  suit,  submitted  to  the  accounting  officers  of  the  Treasury, 
and  rejected ;  specifying  in  the  affidavit  each  particular  claim  so  re- 
jected, and  that  he  cannot  then  safely  come  to  trial.     If  the  court, 
when  such  oath  is  made,  subscribed,  and  filed,  is  thereupon  satisfied, 
a  continuance  until  the  next  succeeding  term  may  be  granted.     Such 
continuance  may  also  be  granted  when  the  suit  is  brought  upon  a  bond 
or  other  sealed  instrument,  and  the  defendant  pleads  non  est  factum, 
or  makes  a  motion  to  the  court,  verifying-  such  plea  or  motion  by  his 
oath,  and  the  conrt  thereupon  requires  the  production  of  the  original 
bond,  contract,  or  other  paper  certified  in  the  affidavit.     And  no  con- 
tinuance shall  be  granted  except  as  herein  provided.     [See  ^  3624.] 
3  March,  1797,  s.  3,  v.  1,  p.  514. 

Sec.  1880.  It  sliall  not  be  lawful  for  any  paymaster,  passed  assistant  Title  15,  Chap.  1> 
paymaster,  or  assistant  paymaster,  to  advance  or  loan,  under  any  pre-    Loans  to  officers 
.ense  whatever,  to  any  officer  in  the  naval  service,  any  sum  of  money,  by  paymasters, 
public  or  private,  or  any  credit,  or  any  article  or  commodity  whatever. 

26  Aug.,  1842,  8.  6.  v.  5,  p.  536. 
22  June,  1860,  s.  3,  v.  12,  p.  83. 


168  DISBURSING    OFFICERS    AND    AGENTS. 

Title  16,  Chap.  7.     Sec.  1550.  No  person  shall  be  einployed  or  continued  abroad,  to  re 
Disbursements  ^^^^'^  ^"^1  pay  money  for  the  use  of  the  naval  service  on  foreign  sta- 
on   foreign    sta-  tions,  whether  under  contract  or  otherwise,  who  has  not  been,  or  shall 
tions.  not  be,  appointed  by  and  with  the  advice  and  consent  of  the  Senate. 

17  June,  1844,  s.  4,  v.  5,  p.  703. 

Title  15,  Chap.  8.     Sec.  1563.  The  President  of  the  United  States  may  direct  such  ad- 

— — r —  vances,  as  he  may  deem  necessary  and  proi>er,  to  such  persons  in  the 

persons'^  o^n   dis"  ^^^^^  service  as  may  be  employed  on  distant  stations  where  the  dis- 
tant stations.       charge  of  the  pay  and  emoluments  to  which  they  are  entitled  cannot 
be  regularly  effected.     [See  $  3648.] 

31Jan.,  1823,  8.  1,  V.  3,  p.  723. 
Title  19.  Sec.  1766.  No  money  shall  be  paid  to  any  person  for  his  compensation 

—--— : who  is  in  arrears  to  the  United  States,  until  he  has  accounted  for  and 

rears.*'^'^^  ^^  *^"  P^^*^  i^*®  *^^  Treasury  all  sums  for  which  he  may  be  liable.  In  all 
cases  where  the  pay  or  salary  of  any  person  is  withheld  in  pursuance 
of  this  section,  the  accounting  officers  of  the  Treasury,  if  required  to 
do  so  by  the  party,  his  agent  or  attorney,  shall  report  forthwith  to  the 
Solicitor  of  the  Treasury  the  balance  due ;  and  the  Solicitor  shall,  within 
sixty  days  thereafter,  order  suit  to  be  commenced  against  such  delin- 
quent and  his  sureties. 

25  Jan.,  1828,  v.  4,  p.  246. 
20  May,  1836,  v.  5,  p.  31. 

KoTES. — The  phrase  "who  is  in  arrears  to  the  United  States"  seems  to  apply 
materially  and  properly  only  to  persons  who,  having  previous  transactions  of  a 
pecuniary  nature  with  the  Government,  are  found,  upon  the  settlement  of  those 
transactions,  to  be  in  arrears  to  the  Government  by  holding  in  their  hands  pub- 
lic moneys  which  they  are  to  refund.  Op.  I,  676,  "Wirt,  July  22,  1824,  III,  52, 
Butler,  March  21,  1836.  Pay  of  officers,  ascertained  to  be  in  default,  can  be  with- 
held where  the  time  for  the  accounting  duly  has  actually  passed — not  other- 
wise.—Op.  IV,  33,  May  24,  1842,  Le^are. 

"Pay,"  "salary,"  or  "compensation"  are  synonymous  terms,  under  the  act 
of  25  January,  1828,  authorizing  the  withholding  of  the  pay  of  persons  in  arrears. 
The  authority  does  not  extend  to  rations.— Op.  II,  420.  "Extra  pay,"  which 
is  not  pay  proper,  cannot  be  withheld. — Op.  II,  593. 

The  officers  of  the  Treasury  are  authorized  to  withhold  the  pay  of  officers  of  the 
Government  who  are  ascertained  to  be  defaulters,  where  the  time  for  account- 
ing has  actually  passed,  but  not  otherwise.  "  Forthwith  "  is  equivalent  to  '  •  with- 
out unnecessary  delay." — Op.  IV,  33,  Legare,  May  24, 1842. 

It  is  the  duty  of  disbursing  officers  to  repay  funds  remaining  in  hand  when 
the  time  for  them  to  go  to  the  surplus  fund  arrives.  Certificates  issued  previous 
to  that  time,  upon  claims  definitely  ascertained,  may  be  paid  out  of  these  ap- 
propriations, even  though  the  time  has  passed  for  them  to  go  to  the  surplus 
fund,  if  the  disbursing  officer  has  any  of  the  appropriation  in  his  hands.  For 
what  period  and  to  what  amount  such  officers  should  be  allowed  to  retain  funds 
in  their  hands  for  that  purpose  is  a  matter  of  administration  falling  within  the 
province  of  the  Secretary  of  the  Treasury  to  regulate.— Op.  X,V,  357,  Devens, 
Aug.  10,  1877. 

The  words  "expenditures  incurred"  do  not  mean  liabilities  incurred.  To 
incur  an  expenditure  is  to  make  a  payment — to  expend  money.  To  incur  lia- 
bility and  to  incur  an  expenditure  are  two  different  and  di.stinct  things ;  and 
while  the  word  incur  is  not  frequently  used  in  connection  with  expenditure, 
yet  when  used  it  means  an  expenditure  actually  made. — Op.  XIV,  128,  Williams, 
Sept.  17, 1878. 

Title  19.  Sec.  1788.  Every  officer  of  the  United  States  concerned  in  the  dis- 

Disbnrsingoffi  ^ursement  of  the  revenues  thereof  who  carries  on  any  trade  or  business 
cers  forbid(&nto  in  the  funds  or  debts  of  the  United  States,  or  of  any  State,  or  in  any 
trade  in  public  public  property  of  either,  shall  bo  deemed  guilty  of  a  misdemeanor, 
fmids  or  prop-  ^^(j  punished  by  a  fine  of  three  thousand  dollars,  and  shall,  upon  con- 
®   ^'  viction,  be  removed  from  office,  and  forever  thereafter  be  incapable  of 

holding  any  office  under  the  United  States. 

2  Sept.,  1789,  s.  8,  v.  1,  p.  67. 
8  May,  1792,  s.  12,  v.  1,  p.  281. 
2  March,  1799,  s.  87,  v.  1,  p.  695. 

Title  40.  Sec.  3614.  Whenever  it  becomes  necessary  for  the  head  of  any  De- 

Bond  of  special  P^^^^^^"*"  °^  office  to  employ  special  agents,  other  than  officers  of  the 
agents.  Army  or  Navy,  who  may  be  charged  with  the  disbursement  of  public 

moneys,  such  agent  shall,  before  entering  upon  duty,  give  bond  in  such 
form  and  with  such  security  as  the  head  of  the  Department  or  office 
employing  them  may  approve.    [See  notes  to  this  section  under  Agents.] 
4  Aug.,  1854,  s.  14,  v.  10,  p.  573. 

Duty    of    dis-      Sec.  3620.  It  shall  be  the  duty  of  every  disbursing  officer  having  any 

bureing  officers,  public  money  intrusted  to  him  for  disbursement,  to  deposit  the  same 

with  the  Treasurer  or  some  one  of  the  assistant  treasurers  of  the  United 


DISBURSING    OFFICERS    AND    AGENTS.  169 

States,  and  to  draw  for  the  same  only  as  it  may  be  required  for  pay- 
ments to  be  made  by  hi  m  in  pursuance  of  law  and  draw  for  the  same  only 
in  favor  of  the  persons  to  whom  payment  is  made ;  and  all  tranfers  from 
the  Treasurer  of  the  United  States  to  a  disbursing  officer  shall  be  by 
draft  or  warrant  on  the  Treasury  or  an  assistant  treasurer  of  the 
United  States.  In  places,  however,  where  there  is  no  treasurer  or  as* 
sistant  treasurer,  the  Secretary  of  the  Treasury  may,  when  he  deems 
it  essential  to  the  public  interest,  specially  authorize  in  writing  the 
deposit  of  such  public  money  in  any  other  public  depository,  or,  in 
writing,  authorize  the  same  to  be  kept  in  any  other  manner,  and  un- 
der such  rules  and  regulations  as  he  may  deem  most  safe  and  eflfectual 
to  facilitate  the  payments  to  public  creditors.     [See  $  5488.  ] 

14  June,  1866,  s.  1,  v.  14,  p.  64. 
27  Feb.,  1877,  v.  19,  p.  249. 

KoTE. — If  a  disbursiug  officer,  in  good  faith,  deposits  public  money  in  a  desig- 
nated depository,  loss  of  the  moneys  through  failure  of  the  bank  cannot  be 
imputed  to  the  fault  or  negligence  of  the  officer.  So  long  as  the  Government 
holds  him  responsible  and  does  not  bring  suit,  so  long  he  has  the  right  to  peti- 
tion the  Court  of  Claims  for  relief.— C.  C,  XVII,  189. 

Sec.  3621.  Every  person  who  shall  have  moneys  of  the  United  States  Penalty  for  fail- 
in  his  hands  or  possession  shall  pay  the  same  to  the  Treasurer,  an  as-  ^^®    ^    deposit 
sistant  treasurer,  or  some  public  depositary  of  the  United  States,  and  ^,^rel.  ^  ^^  ^* 
take  iiis  receipt  for  the  same,  in  duplicate,  and  forward  one  of  them 
forthwith  to  the  Secretary  of  the  Treasury.     [See  $  5492.] 
3  March,  1857,  s.  3,  v.  11,  p.  249. 

INOTES.  — Money  in  the  hands  of  a  disbursing  officer  of  the  United  States,  due  and 
payable  by  him  to  a  private  person,  cannot  be  attached  by  process  out  of  the 
State  courts.  4  Howard,  20.  It  is  not  competent  to  the  State  courts  to  enjoin 
officers  of  the  executive  Departments  from  executing  the  lawful  orders  thereof, 
whether  they  concern  the  payment  of  money  for  the  pei'formance  of  contracts 
with  the  United  States  or  any  other  matter. — Op.  XVI,  257,  Devens,  Jan.  29,  1879. 

The  Supreme  Court  has  repeatedly  decided  that  the  courts  have  no  jurisdic- 
tion or  authority  over  the  moneys  oi  the  Government  in  the  hands  of  its  agents, 
and  that  such  moneys  cannot  be  enjoined  or  controlled  by  a  mandamus. — Op. 
VII,  81,  Gushing,  March  29,  1855.  Not  subject  to  attachment  at  the  suit  of 
creditors  of  the  parties  to  whom  such  money  is  due. — Op.  XIII,  Akerman, 
Jan.  7.  1872.     See  also  Op.  X,  120. 

Sec.  3622.  Every  officer  or  agent  of  the  United  States  who  receives  Accounts, 
public  money  which  he  is  not  authorized  to  retain  as  salary,  pay,  or 
emolument,  shall  render  his  accounts  monthly.  Such  accounts,  with 
the  vouchers  necessary  to  the  correct  and  prompt  settlement  thereof, 
shall  be  sent  by  mail,  or  otherwise,  to  the  Bureau  to  which  they  per- 
tain, within  ten  days  after  the  expiration  of  each  successive  month, 
and,  after  examination  tliere,  shall  be  passed  to  the  proper  accounting 
officer  of  the  Treasury  for  settlement.  Disbursiug  officers  of  the  Navy 
shall,  however,  render  their  accounts  and  vouchers  direct  to  the  proper 
accounting  officer  of  the  Treasury.  In  case  of  the  non-receipt  at  the 
Treasury,  or  proper  Bureau,  of  any  accounts  within  a  reasonable  and 
proper  time  thereafter,  the  officer  whose  accounts  are  in  default  shall 
be  required  to  furnish  satisfactory  evidence  of  having  complied  with 
the  provisions  of  this  section.  The  Secretary  of  the  Treasury  may,  if 
in  his  opinion  the  circumstances  of  the  case  justify  and  require  it,  ex- 
tend the  time  hereinbefore  prescribed  for  the  rendition  of  accounts. 
Nothing  herein  contained  shall,  however,  be  construed  to  restrain  the 
heads  of  any  of  the  Departments  from  requiring  such  other  returns  or 
reports  from  the  officer  or  agent,  subject  to  the  control  of  such  heads 
of  Departments,  as  the  public  interest  may  require.  [See  $  5491.] 
17  July,  1862,  s.  1,  v.  12,  p.  593. 
2  March,  1867,  res.  48,  v.  14,  p.  571. 

15  July,  1870,  8.  15,  v.  15,  p.  334. 
27  Feb.,  1877,  v.  19,  p.  249. 

Sec.  3623.  All   officers,   agents,   or  other  persons,  receiving  public     Distinct  ac- 
moneys,  shall  render  distinct  accounts  of  the  application  thereof,  ac-  counts  required, 
cording  to  the  appropriation  under  which  the  same  may  have  been 
advanced  to  them. 

3  March,  1809,  s.  1,  v.  2,  p.  535. 

Sec.  3624.  Whenever  any  person  accountable  for  public  money,  neg-    Suits  to  recover 
lects  or  refuses  to  pay  into  the  Treasury  the  sum  or  balance  reported  money  from  offi- 
to  be  due  to  the  United  States,  upon  the  adjustment  of  his  account,  ^®'"^'  regulated, 
the  First  Comptroller  of  the  Treastiry  shall  institute  suit  for  the  re- 
covery of  the  same,  adding  to  the  sum  stated  to  be  due  on  such  ac- 


I 


170  DISBURSING    OFFICERS    AND    AGENTS. 

count,  tlie  commissious  of  the  delinquent,  wliicli  sliall  be  forfeited  in 
every  instance  where  suit  is  commenced  and  judgment  obtained  there- 
on, and  an  interest  of  six  per  centum  per  annum,  from  the  time  of  re- 
ceiving the  money  until  it  shall  be  repaid  into  the  Treasury. 
3  March,  1797,  s.  1,  v.  l,p.  512. 
Duties  of  offi-     Sec.  3639.  *  *  *  all  public  officers  of  whatsoever  character,  are  re- 
tma  of  pubUc^^^^^'l  *®  ^^^P  safely,  without  loaning,  using,  depositing  in  banks,  or 
moneys.  exchanging  for  other  funds  than  as  specially,  allowed  by  law,  all  the 

public  money  collected  by  them,  or  otherwise  at  any  time  placed  in 
their  possession  and  custody,  till  the  same  is  ordered,  by  the  proper 
Department  or  officer  of  the  Government,  to  be  transferred  or  paid 
out;  and  when  such  orders  for  transfer  or  i^ayment  are  received,  faith- 
fully and  iDromptly  to  make  the  same  as  directed,  and  to  do  and  i>er- 
form  all  other  duties  as  fiscal  agents  of  the  Government  which  may  be 
imposed  by  any  law,  or  by  any  regulation  of  the  Treasury  Department 
made  in  conformity  to  law.     »     *     *     [See  §  5497.] 

6  Aug.,  1846,  8.  6,  V.  9,  p.  60. 
3  March,  1857,  s.  2,  v.  11,  p.  249. 
3  July,  1852,  s.  7,  v,  10.  p.  12. 

3  March,  1863,  s.  5,  v.  12.  p.  770. 

4  July,  1864,  s.  5,  v.  13,  p.  383. 
21  April,  1862,  s.  5,  v.  12,  p.  382. 
18  Feb.,  1869,  8.4,  v.  15.  p.  271. 

Tjntfic*"^^^     °^      ^^-^'  3648.  No  advance  of  public  money  shall  be  made  in  any  case 
prohibite™.""^^^  whatever.     And  in  all  cases  of  contracts  for  the  performance  of  any 
service,  or  the  delivery  of  articles  of  any  description,  for  the  use  of 
the  United  States,  payment  shall  not  exceed  the  value  of  the  service 
rendered,  or  of  the  articles  delivered  previously  to  such  payment.     It 
shall,  however,  be  lawful,  under  the  special  direction  of  the  President, 
to  make  such  advances  to  the  disbursing  officers  of  the  Government  as 
'  may  be  necessary  to  the  faithful  and  prompt  discharge  of  their  re- 
spective duties,  and  to  the  fulfillment  of  the  public  engagements.    The 
President  may  also  direct  such  advances  as  he  may  deem  necessary 
and  proper,  to  persons  in  the  military  and  naval  service  employed  on 
distant  stations,  where  the  discharge  of  the  pay  and  emoluments  to 
which  they  may  be  entitled  cannot  be  regularly  eifected.    [See  ^  1563.] 
31  Jaa.,  1823,  s.  1,  v.  3,  p.  723. 
Title  70, Chap. 6.     Sec.  5481.  Every  officer  of  the  United  States  who  is  guilty  of  extor- 
Officer  of  the*^^^  under  color  of  hi^  office  shall  be  punished  by  a  fine  of  not  more 
United  S  tates  tli^n  five  hundred  dollars,  or  by  imprisonment  not  more  than  one  year, 
guilty  of  extor-  except  those  officers  or  agents  of  the  United  States  otherwise  differ- 
**o"-  ently  and  specially  provided  for  in  subsequent  sections  of  this  chapter 

3  March,  1825,  s.  12,  v.  4,  p.  118. 
Receipting  for  Sec.  5483.  Every  officer  charged  with  the  payment  of  any  of  the 
are^paid*™^  ^"  appropriations  made  by  any  act  of  Congress,  who  pays  to  any  clerk, 
or  other  employ^  of  the  United  States,  a  sum  less  than  that  provided 
by  law,  and  requires  such  employ^  to  receipt  or  give  a  voucher  for  an 
amount  greater  than  that  actually  paid  to  and  received  by  him,  is  guilty 
of  embezzlement,  and  shall  be  fined  in  double  the  amount  so  withheld 
from  any  employ^  of  the  Government,  and  shall  be  imprisoned  at  hard 
labor  for  the  term  of  two  years. 

3  March,  1853,  s.  4,  v.  10,  p.  239. 
Disbursing  offi-      Sec.  5488.  Every  disbursing  officer  of  the  United  States  who  deposits 
cera   unlawfully  any  public  money  intrusted  to  him  in  any  place  or  in  any  manner,  ex- 
verth»y"lo'an?ng  ^®P*  ^^  authorized  by  law,  or  converts  to  his  own  use  in  any  way  what- 
o  r    transferring  ever,  or  loans  with  or  without  interest,  or  for  any  purpose  not  prescribed 
public  money.  "  by  law  withdraws  from  the  Treasurer  or  any  assistant  treasurer,  or  any 
authorized  depository,  or  for  any  purpose  not  prescribed  by  law  transfers 
or  applies  any  portion  of  the  public  money  intrusted  to  him,  is,  in  every 
such  act,  deemed  guilty  of  an  embezzlement  of  the  money  so  deposited, 
converted,  loaned,  withdrawn,  transferred,  or  applied;  and  shall  be  pun- 
ished by  imprisonment  with  hard  labor,  for  a  term  not  less  than  one 
year  nor  more  than  ten  years,  or  by  a  fine  of  not  more  than  the  amount 
embezzled  or  less  than  one  thousand  dollars,  or  by  both  such  fine  and 
imprisonment. 

14  June,  1866,  s.  2,  v.  14,  p.  64. 

Failure  of  g^c.  5489.  If  the 'Treasurer  of  tl^e  United  States,  or  any  assistant 
to^^^safdy  keep  treasurer,  or  any  public  depositary,  fails  safely  to  keep  all  moneys  de- 
public  moneys,     posited  by  any  disbursing  officer  or  disbursing  agent,  as  well  as  all 


DISBURSING    OFFICERS    AND    AGENTS.  171 

moneys  deposited  by  any  receiver,  collector,  or  other  person  having 
moneys  of  the  United  States,  he  shall  be  deemed  guilty  of  embezzlement 
of  the  moneys  not  so  safely  kept,  and  shall  be  imprisoned  not  less  than 
six  months  nor  more  than  ten  years,  and  fined  in  a  sum  equal  to  the 
amount  of  money  so  embezzled.  [See  $  3639.] 
3  March,  1857,  s.  2,  v.  11,  p.  249. 

Skc.  5490.  Every  officer  or  other  person  charged  by  any  act  of  Con-     Custodians    of 
oress  with  the  safe-keeping  of  the  public  moneys,  who  fails  to  safely  gj^^g  t™ Safely 
keep  the  same,  without  loaning,  using,  converting  to  his  own  use,  de-keej),  without 
positing  in  banks,  or  exchanging  for  other  funds  than  as  specially  loaning,  &o. 
allowed  by  law,  shall  be  guilty  of  embezzlement  of  the  money  so  loaned, 
used,  converted,  deposited,  or  exchanged;  and  shall  be  imprisoned  not 
less  than  six  mouths  nor  more  than  ten  years,  and  fined  in  a  sum  equal 
to  the  amount  of  money  so  embezzled.     [See  $  3639.] 
6  Aug.,  1846,  8. 16,  V.  9,  p.  63. 
Sec.  5491.  Every  officer  o-r  agent  of  the  United  States  who,  Slaving  ^^^'aj^^^^oj^o®- 
received  public  money  which  he  is  not  authorized  to  retain  as  salary,  counts,  «fec. 
pay,  or  emolument,  fails  to  render  his  accounts  for  the  same  as  provided 
by  law,  shall  be  deemed  guilty  of  embezzlement,  and  shall  be  fined  in  a 
sum  equal  to  the  amount  of  the  money  embezzled,  and  shall  be  impris- 
oned not  less  tlian  six  months  or  more  than  ten  years.     [See  ^§  362'2, 
3633.  ] 

17  July,  1862,  s.  1,  v.  12,  p.  593. 
15  July,  1870,  8. 15,  v.  16,  p.  334. 
2  March,  1867,  res.  48,  v,  14,  p.  571. 
6  Aug.,  1846,  8. 16,  V.  9,  p.  63. 

Sec.  5492.  Every  person  who,  having  moneys  of  the  United  States  in  -^f^^^^^^®  ^j^.^^' 
his  hands  or  possession,  fails  to  make  deposit  of  the  same  with  the  ^ 
Treasurer,  or  some  assistant  treasurer,  or  some  public  depositary  of  the 
United  States,  when  required  so  to  do  by  the  Secretary  of  the  Treasury, 
or  the  head  of  any  other  proper  Department,  or  by  the  accounting  offi- 
cers of  the  Treasury,  shall  be  deemed  guilty  of  embezzlement  thereof, 
and  shall  be  imprisoned  not  less  than  six  months  nor  moreihan  ten 
years,  and  fined  in  a  sum  equal  to  the  amount  of  money  embezzled. 

3  March,  1857,  s.3,  v.  11,  p.  249. 
6  Aug.,  1846,  8.16,  V.  9,  p.  63. 

Sec.  5493.  The  provisions  of  the  five  preceding  sections  shall  be  con-  th^^fl' e^^^rlced- 
strued  to  apply  to  all  persons  charged  with  the  safe-keeping,  transfer,  ing  sections, how 
or  disbursement  of  the  public  money,  whetlier  such  persons  be  indicted  applied, 
as  receivers  or  depositaries  of  the  same. 
6  Aug.,  1846,  8.  16,  V.  9,  p.  63. 

Sec.  5494.  Upon  the  trial  of  any  indictment  against  any  person  for     Record  evi- 
embezzling  public  money  under  the  provisions  of  the  six  preceding  sec-  ^f^ent,  *™  ^^' 
tions,  it  shall  be  sufficient  evidence,  for  the  purpose  of  showing  a  balance 
against  such  person,  to  produce  a  transcript  from  the  books  and  pro- 
ceedings of  the  Treasury,  as  required  in  civil  cases,  under  the  provisions 
for  the  settlement  of  accounts  between  the  United  States^and  receivers 
of  public  money.     [See  ^  3625,  3633,  under  Distress  Warrants.] 
Ibid. 

Sec.  5495.  The  refusal  of  any  person,  whether  in  or  out  of  office,  Prima- facie 
charged  with  the  safe-keeping,  transfer,  or  disbursement  of  the  public 
money,  to  pay  any  draft,  order,  or  warrant,  drawn  upon  him  by  the 
proper  accounting  officer  of  the  Treasury,  for  any  public  money  in  his 
hands  belonging  to  the  United  States,  no  matter  in  what  capacity  the 
same  may  have  been  received,  or  may  be  held,  or  to  transfer  or  disburse 
any  such  money  promptly,  upon  the  legal  requirement  of  any  authorized 
officer,  shall  be  deemed,  upon  the  trial  of  any  indictment  against  such 
jperson  for  embezzlement,  as  prima-facie  evidence  of  such  embezzlement. 

B  6  Aug.,  1846,  s.  16,  v.  9,  p.  63. 

Sec.  5496.  If  any  officer  charged  with  the  disbursement  of  the  public  Eviden  c  e  of 
moneys,  accepts,  receives,  or  transmits  to  the  Treasury  Department  to  coiiv®^8ion. 
be  allowed  in  his  favor,  any  receipt  or  voucher  from  a  creditor  of  the 
United  States,  without  having  paid  to  such  creditor  in  such  funds  as 
the  officer  received  for  disbursement,  or  in  such  funds  as  he  may  be 
authorized  by  law  to  take  in  exchange,  the  full  amount  specified  in 
such  receipt  or  voucher,  every  such  act  is  an  act  of  conversion,  by  such 


1 


172 


DISBURSING    OFFICERS    AND    AGENTS. 


ceiving,   &c 
be  e  m  b  e  z  z 
ment. 


officer,  to  Lis  own  use,  of  the  amount  specified  iu   such   receipt  or 
voucher.     [See  $  3652,  under  Checks.] 
Ibid. 

E?J[^^"l^-^ ^*'  ^^^^'  5497.  Every  banker,  broker,  or  other  person  not  an  authorized 
^o  d^epositary  of  public  moneys,  who  knowingly  receives  from  any  disburs- 
"  ing  officer,  or  collector  of  internal  revenue,  or  other  agent  of  the  United 
States,  any  public  money  on  deposit,  or  by  way  of  loan  or  accommoda- 
tion, with  or  without  interest,  or  otherwise  than  iu  payment  of  a  debt 
against  the  United  States,  or  who  uses,  transfers,  converts,  appropriates, 
or  applies  any  portion  of  the  public  money  for  any  iiurpose  not  pre- 
scribed by  law,  and  every  president,  cashier,  teller,  director,  or  other 
officer  of  any  bank  or  banking  association,  who  violates  any  of  the  pro- 
visions of  this  section,  is  guilty  of  an  act  of  embezzlement  of  the  public 
money  so  deposited,  loaned,  transferred,  used,  converted,  appropriated, 
or  applied,  and  shall  be  punished  as  prescribed  in  section  fifty-four 
hundred  and  eighty-eight.     [See  $  3639.] 

14  June,  1866,  8.  3,  v.  14,  p.  65.       • 


CHECKS  AND  DEAFTS. 


Sec. 

300,  Allowance  of  lost  checks. 

306.  Liabilities  outstanding  three  or  more  years. 

307.  Vouchers  for  drafts  remaining  unpaid. 

308.  Payment  upon  presentation  of  outstanding 

drafts. 

309.  Accounts  of  disbursing  officers  unchanged 

for  three  years. 

310.  Reports  of  disbursing  officers,  &c. 


Sec. 

3645.  Regulations  for  presenting  drafts. 

36-16.  Duplicates  for  lost  or  stolen  checks. 

Duplicate  check  when  officer  who  issued  is 

dead. 
Exchange  of  funds  restricted. 
Premium  on  sales  of  public  money  to  be  ac- 
counted for. 


3647. 


3651 
3652, 


Title  7,  Chap.  4.      Sec.  300.  Whenever  the  disbursing  officer,  or  agent  by  whom  was 
Allowance    of  ^®^"^*^  ^^^  check  which  has  been  lost,  destroyed,  or  stolen,  is  dead,  or 

lost  checks,  no  longer  in  the  service  of  the  United  States,  the  proper  accounting 

officer  shall,  under  such  regulations  as  the  Secretary  of  the  Treasury 
may  prescribe,  state  an  account  in  favor  of  the  owner  of  such  original 
check  for  the  amount  thereof,  and  charge  such  amount  to  the  account 
of  such  officer  or  agent. 

2  Feb.,  1872,  ss.  1, 2,  v.  17,  p.  29. 

Title  7,  Chap.  5.      Sec.  306.  At  the  termination  of  each  fiscal  year  all  amounts  of  moneys 
Liabilities  out-  ^^^*  ^^^  represented  by  certificates,  drafts,  or  checks,  issued  by  the 

standing  three  or  "treasurer,  or  by  any  disbursing  officer  of  any  Department  of  the  Gov- 

more  years.  ernment,  upon  the  Treasurer  or  any  assistant  treasurer,  or  designated 

depositary  of  the  United  States,  or  upon  any  national  bank  designated 
as  a  depositary  of  the  United  States,  and  which  shall  be  represented  on 
the  books  of  either  of  such  offices  as  standing  to  the  credit  of  any  dis- 
bursing officer,  and  which  were  issued  to  facilitate  the  payment  of  war- 
rants, or  for  any  other  purpose  in  liquidation  of  a  debt  due  from  the 
United  States,  and  which  have  for  three  years  or  more  remained  out- 
standing, unsatisfied,  and  unpaid,  shall  be  deposited  by  the  Treasurer, 
to  be  covered  into  the  Treasury  by  warrant,  and  to  be  carried  to  the 
credit  of  the  parties  in  whose  favor  such  certificates,  drafts,  or  checks 
were  respectively  issued,  or  to  the  persons  who  are  entitled  to  receive 
pay  therefor,  and  into  an  appropriation  account  to  be  denominated 
"outstanding  liabilities." 

2  May.  1806,  ss.  1,  4.  v.  14,  pp.  41,  42. 

Vouchers  for  Sec.  307.  The  certificate  of  the  Register  of  the  Treasury,  stating  that 
drafts  remaining  the  amount  of  any  draft  issued  by  the  Treasurer,  to  facilitate  the  pay- 
unpaid,  ment  of  a  warrant  directed  to  him  for  payment,  has  remained  outstand- 
ing and  unpaid  for  three  years  or  more,  and  has  been  deposited  and  cov- 
ered into  the  Treasury  in  the  manner  prescribed  by  the  preceding  section, 
shall  be,  when  attached  to  any  such  warrant,  a  sufficient  voucher  in 
satisfaction  of  any  Such  warrant  or  part  of  any  warrant,  the  same  as 
if  the  drafts  correctly  indorsed  and  fully  satisfied  were  attached  to  such 
warrant  or  part  of  warrant.  And  all  such  moneys  mentioned  in  this 
and  in  the  preceding  section  shall  remain  as  a  permanent  appropriation 
for  the  redemption  and  payment  of  all  such  outstanding  and  unpaid 
certificates,  drafts,  and  checks. 

2  May,  1866,  s.  2,  v.  14,  p.  41. 


DISBURSING   OFFICERS   AND   AGENTS.  173 

Sec.  308.  The  payee  or  the  bona-fide  holder  of  any  draft  or  check  the    Payment  upon 
amount  of  which  has  been  deposited  and  covered  into  th6  Treasury  P^«8®™JJ>J.«^ 
])ursuant  to  the  preceding  sections,  shall,  on  presenting  the  same  to  the  drafts, 
proper  officer  of  the  Treasury,  be  entitled  to  have  it  paid  by  the  settle- 
ment of  an  account  and  the  issuing  of  a  warrant  in  his  favor,  according 
to  the  practice  in  other  cases  of  authorized  and  liquidated  claims  against 
the  United  States. 

Ibid.,  8. 3, 

Sec.  309.  The  amounts,  except  such  as  are  provided  for  in  section     Accounts    of 
three  hundred  and  six,  of  the  accounts  of  every  kind  of  disbursing  offl-  cers^  unchanged 
cer,  which  shall  have  remained  unchanged,  or  which  shall  not  have  f^j.  ^jj^g^  yeail. 
been  increased  by  any  new  deposit  thereto,  nor  decreased  by  drafts 
drawn  thereon,  for  the  space  of  three  years,  shall  in  like  manner  be 
covered  into  the  Treasury,  to  the  proper  appropriation  to  which  tliey 
belong;  and  the  amounts  thereof  shall,  on  the  certificate  of  the  Treas- 
urer that  such  amount  has  been  deposited  in  the  Treasury,  be  credited 
by  the  proper  accounting  officer  of  the  Department  of  the  Treasury  on 
the  books  of  the  Department,  to  the  officer  in  whose  name  it  had  stood 
on  the  books  of  any  agency  of  the  Treasury,  if  it  appears  that  he  is 
entitled  to  such  credit. 

Ibid.,  8.  5. 

Sec.  310.  The  Treasurer,  each  assistant  treasurer,  and  each  desig-     Ee ports    of 
nated  depositary  of  the  United  States,  and  the  cashier  of  each  of  the  Treasurer, assist- 
national  banks  designated  as  such  dei)08itaries,  shall,  a*  tlie  close  of  ^p^^^^^^®^!'^ 
business  on  every  thirtieth  day  of  June,  report  to  the  Secretary  of  the  iug  officers. 
Treasury  the  condition  of  every  account  standing,  as  in  the  preceding 
section  specified,  on  the  books  of  their  respective  offices,  stating  the 
name  of  each  depositor,  with  his  official  designation,  the  total  amount 
remaining  on  deposit  to  his  credit,  and  the  dates,  respectively,  of  the 
last  credit  and  the  last  debit  made  to  each  account.     And  each  disburs- 
ing officer  shall  make  a  like  return  of  all  checks  issued  by  him,  and 
which  may  then  have  been  outstanding  and  unpaid  for  three  years  and 
more,  stating  fully  in  such  report  the  name  of  the  payee,  for  what  pur- 
pose each  cheek  was  given,  the  office  on  which  drawn,  the  number  of 
the  voucher  received  therefor,  the  date,  number,  and  amount  for  which 
it  was  drawn,  and,  when  known,  the  residence  of  the  payee. 
Ibid.,  8.  6. 

Sec.  3645.  It  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to        Title  40. 
issue  and  publish  regulations  to  enforce  the  speedy  presentation  of  all     Reeulationsfor 
Government  drafts,  for  payment,  at  the  place  where  payable,  and  to  px-esentmen  t    of 
prescribe  the  time,  according  to  the  different  distances  of  the  depoqi-  drafts, 
taries  from  the  seat  of  Government,  within  which  all  drafts  upon  them, 
respectively,  shall  be  presented  for  payment ;  and,  in  default  of  such 
presentation,  to  direct  any  other  mode  and  place  of  payment  which  he 
may  deem  proper ;  but,  in  all  these  regulations  and  directions,  it  shall 
be  his  duty  to  guard,  as  far  as  may  be,  against  those  drafts  being  used 
or  thrown  into  circulation  as  a  paper  currency  or  a  medium  of  exchange. 
[See  ^S  ^  5495,  5496.     Disbursing  Officers.] 
6  Aug.,  1846,  8.  31,  V.  9,  p.  65. 

Sec.  3646.  Whenever  any  original  check  is  lost,  stolen,  or  destroyed,     Duplicates  for 
disbursing  officers  and  agents  of  the  United  States  are  authorized,  after  ^?  ^  *,  ^^   ^  tt?^^ 
the  expiration  of  six  months,  and  within  three  years  from  the  date  of  ized°    ^    *^    '^^ 
such  check,  to  issue  a  duplicate  check ;  and  the  Treasurer,  assistant 
treasurers,  and  designated  depositaries  of  the  United  States  are  directed 
to  pay  such  duplicate  checks,  upon  notice  and  proof  of  the  loss  of  the 
original  checks,  under  such  regulations  in  regard  to  their  issue  and  pay- 
ment, and  upon  the  execution  of  such  bonds,  with  sureties,  to  indemnify 
the  United  States,  as  the  Secretary  of  the  Treasury  shall  prescribe. 
This  section  shall  not  apply  to  any  check  exceeding  in  amount  the  sum 
01  one  thousand  dollars. 

2  Feb.,  1872,  s.  1,  v.  17,  p.  29. 

Sec.  3647.  In  case  the  disbursing  officer  or  agent  by  whom  such  lost,   Duplicate  check 
destroyed,  or  stolen  original  check  was  issued,  is  dead,  or  no  longer  in^l^en  officer  who. 
the  service  of  the  United  States,  it  shall  be  the  duty  of  the  proper  ac- '^"'"^^ '^  ^^*^- 
counting  officer,  under  such  regulations  as  the  Secretary  of  the  Treasury 
shall  prescribe,  to  state  an  account  in  favor  of  the  owner  of  such  orig- 


174  DISBURSING    OFFICERS    AND    AGENTS. 

inal  check  for  the  amount  thereof,  and  to  charge  such  amount  to  the 
account  of  such  officer  or  agent. 
Ibid.,  s.  2. 

Exchange  of  Sec.  8651.  No  exchange  of  funds  shall  he  made  by  any  disbursing 
funds  restricted,  officer  or  agent  of  the  Government,  of  any  grade  or  denomination  what- 
soever, or  connected  with  any  branch  of  the  public  service,  other  than 
an  exchange  for  gold,  silver,  United  States  notes,  and  national-bank 
notes;  and  every  such  disbursing  officer,  when  the  means  for  his  dis- 
bursements are  furnished  to  him  in  gold,  silver.  United  States  notes,  or 
national-bank  notes,  shall  make  his  payments  in  the  moneys  so  fur- 
nished; or  when  they  are  furnished  to  him  in  drafts,  shall  cause  those 
drafts  to  be  presented  at  their  place  of  payment,  and  properly  paid  ac- 
cording to  law,  and  shall  make  his  jiayments  in  the  money  so  received 
for  the  drafts  furnished,  unless,  in  either  case,  he  can  exchange  the  means 
in  his  hands  for  gold  aud  silver  at  par.  And  it  shall  be  the  duty  of 
the  head  of  the  i)roper  Department  immediately  to  suspend  from  duty 
any  disbursiug  officer  or  agent  who  violates  the  provisions  of  this  sec- 
tion, and  forthwith  to  report  the  name  of  the  officer  or  agent  to  the 
President,  wdth  the  fact  of  the  violation,  and  all  the  circumstances  ac- 
companying the  same,  and  within  the  knowledge  of  the  Secretary,  to 
the  end  that  such  officer  or  agent  may  be  promptly  removed  from  office, 
or  restored  to  his  trust  and  the  performance  of  his  duties,  as  the  Presi- 
dent may  deem  just  and  proper. 

6  Aug.,  1846,  s.  20,  v.  9,  p.  64. 
11  July,  1862,  8. 1,  V.  12,  p.  532. 
22  Feb.,  1862,  s.  1,  v.  12,  p.  34.5. 
3  June,  1864,  s.  23,  v.  13,  p.  106. 
3  March,  1863,  .s.  3,  V.  12, p.  610. 

Premiums    on      Sec.  3652.  No  officer  of  the  United  States  shall,  either  directly  or  in- 

monevs  to^e  ac^  directly,  sell  or  dispose  of  to  any  person,  for  a  premium,  any  Treasury 

counted  for.         note,  draft,  warrant,  or  other  public  security,  not  his  j)rivate  property, 

or  sell  or  dispose  of  the  avails  or  proceeds  of  such  note,  draft,  warrant, 

or  security,  in  his  hands  for  disbursement,  without  making  return  of 

such  premium,  and  accounting  therefor  by  charging  the  same  in  his 

accounts  to  the  credit  of  the  United  States;  and  any  officer  violating 

this  section  shall  be  forthwith  dismissed  from  office. 

6  Aug. ,  1846,  8.  21,  V.  9,  p.  65. 

Notes.— Approved  bills  or  accounts  or  vouchers  are  not  in  any  proper  sense 
negotiable  paper.  The  Government  would  not  be  required  to  pay  to  party  to 
whom  they  were  assigned,  if  it  had  itself  an  equitable  claim  against  the  con- 
tractor ;  nor  if  satisfied  that  the  account  had  been  erroneously  approved.  Re- 
vised Statute  3477  regulates  the  manner  of  paying  assigned  bills,  (fee.  That  stat- 
^  ute  is  of  universal  application.  The  Department  can  reissue  an  approved  ac- 
count in  favor  of  contractor.  [Case  of  bills  made  out  in  favor  of  broker  instead 
of  contractors,  and  assigned  by  former.] — Op.  XVI,  191,  Devens,  Oct.  23,  1878. 

The  protection  which  commercial  usage  throws  around  negotiable  paper  can- 
not be  used  to  establish  the  anthoiity  of  an  agent  who  issued  it.  Whenever 
negotiable  paper  is  found  in  market  upon  which  the  Government  is  apparently 
a  party,  the  purchaser  must,  at  his  peril,  see  that  the  officer  who  indorsed  or 
accepted  it  had  authority  to  bind  the  Government. — C.  C,  YII,  65;  Wallace, 
YII,  666. 

Acceptance  of  payment  in  one  kind  of  money  (Treasuiy  notes)  is  a  waiver 
of  a  claim,  antecedently  asserted  for  gold.  It  discbarges  the  debt  independ- 
ently of  the  question  whether  paper  money  is  a  legal  tender. — C.  C,  VI,  216. 

There  is  no  objection  in  point  of  law,  to  the  indorsement  of  a  biU  of  ex- 
change, under  authority  derived  from  a  power  of  attorney. — Op.  I,  188. 

Where  an  officer  is  authorized  to  pay  money  at  a  distant  point,  he  may  trans- 
mit it  by  drafts.— 7  Wallace,  p.  466 ;  C.  C,  VII,  p.  65. 

Checks  given  by  paymasters  are  valid  obligations  of  the  Government,  al- 
though dishonored  for  want  of  funds  to  the  credit  of  the  officers  who  issued 
them.— Op.  XI,  216,  Speed,  April  22,  1865.     See,  also,  XI,  p.  156. 

It  does  not  follow  that  because  an  oflicer  may  lawfully  issue  bills  of  exchange 
for  some  purpose,  he  can  in  that  mode  bind  the  Government  in  other  cases 
where  he  has  no  such  authority. — 7  Wallace,  666. 

Whenever  the  United  States  Government,  through  their  authorized  officer, 
accept  a  bill  of  exchange,  they  are  bound  for  its  payment  to  a  bona  fide  holder 
for  value,  whatever  may  have  been  the  equities  as  between  them  and  the 
drawer.— U.  S.  v.  Bank  Metropolis,  XV,  Peters,  377. 

Whether  checks  shall  be  made  payable  only  to  the  person  entitled  to  the 
money,  or  "to  bearer"  or  "to  order,"  is  a  matter  to  be  regulated  entirely  by 
the  Treasury  Department.     The  only  imperative  requisition  is  that  the  check 
shall  be  drawn  only  in  favor  of  the  person  to  whom  the  payment  is  to  be  made. 
Op.  XV,  288,  June "4,  1877,  Devens. 

It  is  competent  for  the  Secretary  of  the  Treasury  to  permit  disbursing  offi- 
cers to  draw  checks  payable  to  themselves  or  bearer  or  order  for  such  amounts 
as  may  be  necessary  to  make  payments  of  small  amounts,  to  make  payments  at 
a  distance  from  a  depository,  or  to  make  payments  of  fixed  salaries  as  now  au- 


DISBURSING    OFFICERS   AND    AGENTS.  175 

thorized  by  Department  regulations  of  Aug.  24,  1876,  provided,  always,  that 
such  checks  bear  indorsed  upon  them  the  names  of  the  persons  to  whom  the 
amounts  are  to  be  paid,  or  the  claim  upon  which  they  are  to  be  paid,  or  are  ac- 
companied by  a  list  or  schedule,  made  a  part  of  the  check,  containing  the  same 
information.— Op.  XV,  303,  June  8,  1877,  Devens. 

COINS,  wp:ights,  and  measures,  legal-tender,  dies. 

(iOLD   AND   SILVER  COINS   OF   THE   UNITED   STATES. 

Sec.  ('  Sec. 

3511.  Gold  coins  of  the  United  States  and  their   ,  3536.  Adjusting  weight  of  silver  coins, 
weight.  '  3.537.  Adjusting  weight  of  minor  coins. 

3513.  Silver  coins  and  their  weight.  3585.  Gold  coins,  legal  t 

3514.  Standard  for  gold  and  silver  coins. 

3515.  Minor  coins ;  their  weight  and  alloy. 
3517.  Inscriptions  upon  coins. 
3535.  Deviations  alloAved  in  adjusting  weights  of 

gold  coins. 


3585.  Gold  coins,  legal  tender. 
Exchange  of  silver  coins. 
Twenty-cent  piece. 
Trade  dollars,  &c. 


Sec.  3511.  The  gold  coins  of  the  United  States  shall  be  a  one-dollar        Title  37. 

piece,  which,  at  the  standard  Aveight  of  twenty-five  and  eight-tenths \ 

grains,  shall  be  the  unit  of  value;  a  quarter-eagle,  or  two  and  a  half  ^j^^jj^j-^^^.^  t°^ 
dollar  piece;  a  three-dollar  piece;  a  half-eagle,  or  five-dollar  piece;  an  and  their  weight 
eagle,  or  ten-dollar  piece ;  and  a  double-eagle,  or  tw^enty-dollar  piece. 
And  the  standard  weight  of  the  gold  dollar  shall  be  twenty-five  and 
eight-tenths  grains ;  of  the  quarter-eagle,  or  two  and  a  half  dollar  piece, 
sixty-four  and  a  half  grains;  of  the  three-dollar  piece,  seventy-seven 
and  four-tenths  grains ;  of  the  half-eagle,  or  five-dollar  piece,  one  hun- 
dred and  twenty-nine  grains ;  of  the  eagle,  or  ten-dollar  piece,  two  hun- 
dred and  fifty- eight  grains;  of  the  double-eagle,  or  twenty-dollar  piece, 
five  hundred  and  sixteen  grains. 

12  Feb.,  1873,  s.  14,  v.  17,  p.  426. 

Sec.  3513.  The  silver  coins  of  the  United  States  shall  be  a  trade-dol-  Silver  coins  and 
lar,  a  half-dollar,  or  fifty-cent  piece,  a  quarter  dollar,  or  twenty-five  *^®^^  weight, 
cent  piece,  a  dime,  or  ten-cent  piece ;  and  the  weight  of  the  trade-dollar 
shall  be  four  hundred  and  twenty  grains  troy;  the  weight  of  the  half- 
dollar  shall  be  twelve  grams  and  one-half  of  a  gram ;  the  quarter-dollar 
and  the  dime  shall  be,  respectively,  one-half  and  one-fifth  of  the  weight 
of  said  half-dollar. 

Ibid.,  8. 15. 

Sec.  3514.  The  standard  for  both  gold  and  silver  coins  of  the  United     Standard    for 
States  shall  be  such  that  of  one  thousand  parts  by  weight  nine  hundred  sold  and   silver 
shall  be  of  pure  metal  and  one  hundred  of  alloy.    The  alloy  of  the  silver  ^^'"®* 
coins  shall  be  of  copper.    The  alloy  of  the  gold  coins  shall  be  of  copper, 
or  of  copper  and  silver;  but  the  silver  shall  in  no  case  exceed  one-tenth 
of  the  whole  alloy.     [See  §  5460.] 

12  Feb.,  1873,  s.  13,  v,  17,  p.  426. 

Sec.  3515.  The  minor  coins  of  the  United  States  shall  be  a  five-cent     Minor     coins ; 
piece,  a  three-cent  piece,  and  a  one-cent  piece.     The  alloy  for  the  five  ^^^^^  weight  and 
and  three  cent  pieces  shall  be  of  copper  and  nickel,  to  be  composed  of  ^  ^^" 
three-fourths  copper  and  one-fourth  nickel.     The  alloy  of  the  one-cent 
piece  shall  be  ninety-five  per  centum  of  copper  and  five  per  centum  of 
tin  and  zinc,  in  such  proportions  as  shall  be  determined  by  the  Director 
of  the  Mint.    The  weight  of  the  piece  of  five  cents  shall  be  seventy-seven 
and  sixteen  hundredths  grains  troy;   of  the  three-cent  piece,  thirty 
grains;  and  of  the  one-cent  piece,  forty-eight  grains. 
Ibid.,  s.  16. 

Sec.  3517.  Upon  the  coins  there  shall  be  the  following  devices  and  Inscriptions 
legends:  Upon  one  side  there  shall  be  an  impression  emblematic  of  "P*'^  ^'^^i^s. 
liberty,  with  an  inscription  of  the  word  ^'Liberty"  and  the  year  of  the 
coinage,  and  upon  the  reverse  shall  be  the  figure  or  representation  of 
an  eagle,  with  the  inscriptions  ''United  States  of  America"  and  "E 
Pluribus  Unum,"  and  a  designation  of  the  value  of  the  coin ;  but  on  the 
gold  dollar  and  three-dollar  piece,  the  dime,  five,  three,  and  one- cent 
piece,  the  figure  of  the  eagle  shall  be  omitted;  and  on  the  reverse  of 
the  silver  trade-dollar  the  weight  and  the  fineness  of  the  coin  shall  be 
inscribed. 

Ibid.,  8. 18. 


176  DISBURSING   OFFICERS    AND    AGENTS. 

Deviations  al-      Sec.  3535.  In  adjusting  the  weights  of  the  gold  coins,  the  following 
ine   wdehts"  of  ^^iviation  shall  not  be  exceeded  in  any  single  piece :  In  the  double- 
gold  coins,  eagle  and  the  eagle,  one-half  of  a  grain ;  in  the  half-eagle,  the  three- 
dollar  piece,  the  quarter-eagle,  and  the  one-dollar  piece,  one-fourth  of 
a  grain.    And  in  weighing  a  number  of  pieces  together,  when  delivered 
by  the  coiner  to  the  superintendent,  and  bj'  the  superintendent  to  the 
depositor,  the  deviation  from  the  standard  weight  shall  not  exceed  one 
hundredth  of  an  ounce  in  five  thousand  dollars  in  double-eagles,  eagles, 
half-eagles,  or  quarter- eagles,  in  one  thousand  three -dollar  pieces,  and 
in  one  thousand  one-dollar  pieces. 
Ibid.,  9.  36. 

Of  silver  coins.  Sec.  3536.  In  adjusting  the  weight  of  the  silver  coins  the  following 
deviations  shall  not  be  exceeded  in  any  single  piece  :  In  the  dollar,  the 
half  and  quarter  dollar,  and  in  the  dime,  one  and  one  half  grains.  And 
in  weighing  a  large  number  of  pieces  together,  when  delivered  by  the 
coiner  to  the  superintendent,  and  by  the  superintendent  to  the  depos- 
itor, the  deviations  from  the  standard  weight  shall  not  exceed  two- 
hundredths  of  an  ounce  in  one  thousand  dollars,  half-dollars,  or  ({uarter- 
dollars,  and  one-hundredth  of  an  ounce  in  one  thousand  dimes. 
Ibid.,  a.  37. 

Of  minor  coins.      Sec.  3537.  In  adjusting  the  weight  of  the  minor  coins  provided  by 
this  Title,  there  shall  be  no  greater  deviation  allowed  than  three  grains 
for  the  five-cent  piece  and  two  grains  for  the  three  and  one  cent  pieces! 
Ibid.,  s.  38. 
Title  39.  Sec.  3585.  The  gold  coins  of  the  United  States  shall  be  a  legal  tender 

Gold  coin8~of^°  ^^^  payments  at  their  nominal  value  when  not  below  the  standard 
the  United  States,  weight  and  limit  of  tolerance  j^rovided  by  law  for  the  single  piece,  and, 
when  reduced  in  weight  below  such  standard  and  tolerance,  shall  be  a 
legal  tender  at  valuation  in  proportion  to  their  actual  weight. 
Ibid.,  a.  li. 
9  June  1879.  j.^^  holder  of  any  of  the  silver  coins  of  the  United  States  of  smaller 

Exchan  g  e   of  denomination  than  one  dollar  may,  on  presentation  of  the  same  in  sums 
silver  coins.         of  twenty  dollars,  or  any  multiple  thereof,  at  the  office  of  the  Treasurer 
or  any  assistant  treasurer  of  the  United  States,  receive  therefor  lawful 
money  of  the  United  States. 

9  June,  1879,  s.  1,  v.  21,  p.  7. 

The  present  silver  coins  of  the  .United  States  of  smaller  denomina- 
tions than  one  dollar  shall  hereafter  be  a  legal  tender  in  all  sums  not 
exceeding  ten  dollars  in  full  payment  of  all  dues,  public  and  private. 
Idem,  s.  3. 

NOTES.— May  2, 1878.— Coinage  of  the  twenty-cent  piece  of  silver  authorized 
by  the  act  of  March  3,  1875,  prohibited. 

By  the  act  of  July  22,  1876,  v.  19  p.  215,  the  trade  dollar  is  not  thereafter  to  be 
a  legal  tender. 

An  act  of  February  28,  1878,  v.  20,  p.  25,  provides  for  the  coinage  at  the  mints 
of  United  States  silver  dollars  of  the  weight  of  four  hundred  and  twelve 
and  a  half  grains  troy  of  standard  silver  as  provided  in  the  act  of  January  18, 
1837,  which  with  the  silver  dollars  of  that  weight  and  fineness  theretofore  coined 
by  the  United  States  shall  be  a  legal  tender  at  their  nominal  value  for  all  debts 
and  dues,  public  and  private,  except  where  otherwise  expressly  stipulated  in 
the  contract. 

FOREIGN  COINS. 

Sec.  :  Sec. 

3564.  Value  of  foreign  coins,  how  ascertained.  j  3567.  Spanish  and  Mexican  coins. 

3565.  Value  of  the  sovereign  or  pounds  sterling.  \  3584.  Not  a  legal  tender,  &c. 

3566.  Recoinage  of  foreign  coins.  !  Estimate  of  value. 

Title  37.  Sec.  3564.  The  valne  of  foreign  coin  as  expressed  in  the  money  of  ac- 

Value  of  for-  ^onnt  of  the  United  States  shall  be  that  of  the  pure  metal  of  such  coin 

eign  coins,  how  of  standard  value  ;  and  the  values  of  the  standard  coins  in  circulation 

ascertained.  of  the  various  nations  of  the  world  shall  be  estimated  annually  by  the 

Director  of  the  Mint,  and  be  proclaimed  on  the  first  day  of  January  by 

the  Secretary  of  the  Treasury. 

3  March,  1873,  s.  1,  v.  17,  p.  602. 


DISBURSING  OFFICERS    AND    AGENTS. 


17T 


Sec.  8565.  In  all  payments  by  or  to  the  Treasury,  whether  made  here     Value   of   the 
or  in  foreign    couutrifs,  where  it  becomes  necessary  to  compute  the  ®  **^'^^®^?."  ^^ 
value  of  the  sovereign  or  pound  sterling,  it  shall  be  deemed  equal  to^**""    ^  ^^  '"^'  ■* 
four  dollars  eighty -six  cents  and  six  and  one-half  mills,  and  the  same 
rule  shall  be  applied  in  appraising  merchandise  imported  where  the 
value  is,  by  the  invoice,  in  sovereigns  or  pounds  sterling,  and  in  the 
construction  of  contracts  payable  in  sovereigns  or  pounds  sterling; 
and  this  valuation  shall  be  the  par  of  exchange  between  Great  Britain 
and  the  United  States ;    and  all  contracts  made  after  the  first  day  of 
January,  eighteen  hundred  and  seventy  four,  based  on  an  assumed  par 
of  exchange  with  Great  Britain  of  fifty-four  pence  to  the  dollar,  or  four 
dollars  forty-four  and  four-ninths  cents  to  the  sovereign  or  j»ouud  ster- 
ling, shall  be  null  and  void. 

Ibid.,  s.  2.  • 

Sec.  3506.  All  foreign  gold  and  silver  coins  received  in  payment  for     Rccoina^e    of 
moneys  due  to  the  United  States  shall,  before  being  issued  in  circula- ^•^^^^S"  *'"^°- 
tion,  be  coined  anew. 

9  Teb.,-  1793,  s.  3,  v.  1,  p.  301. 
21  Feb.,  1857,  s.  2,  v.  11,  p.  163. 

Sec.  3567.  The  pieces  commonly  known  as  the  quarter,  eighth,  and,,^PP^^^    and 
sixteenth  of  the  Spanish  pillar-dollar,  and  of  the  Mexican  dollar,  shall  ^'^^^^^^  «o»^s- 
be  receivable  at  the  Treasury  of  the  United  States,  and  its  several  of- 
fices, and  at  the  several  post-offices,  and  land-ofitices,at  the  rates  of  valua- 
tion following :  the  fourth  of  a  dollar,  or  piece  of  two  reals,  at  twenty 
cents ;  the  eighth  of  a  dollar,  or  piece  of  one  real,  at  ten  cents;  and  the 
sixteenth  of  a  dollar,  or  half-real,  at  five  cents. 
21  Feb.,  1857,  s.  1,  v.  11,  p.  163. 


Sec.  3584.  No  foreign  gold  or  silver  coins  shall  be  a  legal  tender  in 
payment  of  debts. 

21  Feb.,  1857,  a  3,  v.  11,  p.  163. 


Title  39. 


Foreign  coins. 


CIRCULAR  ESTIMATING  AND  PROCLAIMING,  IN  THE  UNITED 
STATES  MONEY  OF  ACCOUNT,  THE  VALUES  OF  THE  STAND- 
ARD COINS  IN  CIRCULATION  OF  THE  VARIOUS  NATIONS  OF 
THE  WORLD. 

1883.  f  Treasury  Department, 

w?.?;?/^';/- (  ■  Bureau  of  the  Mint, 

secretary  s  Office.    >  Washington,  D.  C,  January  1,  1883. 

Sir:    In  pursuance  of  the  provisions  of  section  3564  of  the  Revised 
Statutes  of  the  United  States,  I  have  estimated  the  values  of  the  stand- 
ard coins  in  circulation  of  the  various  nations  of  the  world,  and  submit 
the  same  in  the  accompanying  table. 
Very  respectfully, 

HORATIO  C.  BURCHARD, 

Director  of  the  Mint. 

Hon.  ChaS.   J.    FOLGER, 

Secretary  of  the  Treasury. 

ESTIMATE  of  VALUES  of  FOliEIGN  COINS. 


Country. 

Monetary  unit. 

Standard. 

Standard  coin. 

Argentine  Kepnblic 

Peso 

Gold  and 

silver. 

Silver 

Gold  and 

silver. 

Silver 

Gold 

.  do 

$0  96.  5 

40.1 
19.3 

81.2 
54.6 

1  00 

^js,  TO,  h  i,  and  1  peso,  § 
argentine  andargentine. 

Florin 

Belgium 

Franc             * 

5, 10,  and  20  francs. 

Bolivia 

Boliviano 

Milreis  of  1,000 
reis. 
Dollar '. 

Brazil 

British  Possessions 

in  Nortli  America. 

.          11181— 

—12 

178 


DISBURSING    OFFICERS    AND    AGENTS. 


Estimate  of  values  of  foreign  coins — Continued. 


Country, 


Monetary  unit.      Standard. 


Chili I  Peso Gold  and 

I     silver. 

Cuba ! do : do 

Denmark j  Crown    Gold 

Ecuador i  Peso i  Silver 

Egypt 1  Piaster Gold , 

France '  Franc :  Gold   and 

i                                I    silver. 
Great  Britain ;  Pound  sterling . .  I  Gold , 


Greece i  Drachma ;  Gold   and 


German  Empire 
Hayti 


India  . 
Italy.. 
Japan 


Liberia 
Mexico 


Netherlands 

Norway 

Peru 

Portugal 

Russia 

Spain 

Sweden 

Switzerland 

Tripoli 

Turkey 

United    States    of 

Colombia. 
Venezuela 


silver. 

Mark...  i  Gold 

Gourde '\  Gold    and 

'    silver. 

Eupee  of  16  an-  '  Silver 

nas.  . 

Lira \  Gold   and 

I    silver. 
Ten Silver 


a  *- 


Standard  coin. 


91. 2     Condor,    doubloon,    and 

escudo. 
93.  2     i^,  i,  i,  i,  and  1  doubloon. 
26.  8     10  and  20  crowns. 
81.2     Peso. 
04.  9     5,  10,  25,  50,  and  100  pias- 

I      ters. 
19.  3     5, 10,  and  20  francs. 


4  86. 6J  \  sovereign  and  sover- 
eign. 

5,  10,  20,  50,  and  100 
drachmas. 

5,  10,  and.  20  marks. 

1,  2,  5,  and  10  gourdes. 


19.3 


23.8 
96.5 


Dollar Gold 


...do 

Florin 

Crown 

Sol 

Milreis  of  1,000 
reis. 

Rouble  of  100 
copecks. 

Peseta  of  100  cen- 
times. 

Crown 

Franc 

Mahbub   of   20 
piasters. 
Piaster  


Bolivar  . . 


Silver. 


Gold   and  i 
silver.       | 

Gold I 

Silver I 

Gold ! 


Silver. 


Gold  and 

silver. 

Gold 

Gold   and 

silver. 
Silver 


Gold. 


Silver. 


Gold  and 

silver. 


19.3 
87.6 


1  00 

88.2 


40.2 


26.8 
81.2 


65. 

19.3 

26.8 
19.3 

73.3 

04.4 

81.2 

19.3 


j  5, 10,  2^  50,  and  100  lire. 

;  1,  2,  5, 10,  and  20  5-en ;  gold 
I      and  silver  yen. 

1  Peso  or  dollar  5,  10,  25, 
and  50  centavo. 


10  and  20  crowns. 

Sol. 

2,  5,  and  10  mUreis. 

J,  J,  and  1  rouble. 

5, 10,  20,  50,  and  100  pese- 
tas. 
10  and  20  crowns. 
5, 10,  and  20  francs. 


25,  50,   100,  250,  and  500 

piasters. 
Peso. 

5,  10,  20,  50,  and  100  Boli- 
var. 


Treasury  Department, 
Washington,  D.  C,  January  1,  1883. 
The  foregoing  estimation,  made  by  tlie  Director  of  the  Mint,  of  the 
value  of  the  foreign  coins  above  mentioned,  I  hereby  proclaim  to  be  the 
values  of  such  coins  expressed  in  the  money  of  account  of  tlie  United 
States,  and  to  be  taken  in  estimating  the  values  of  all  foreign  merchan- 
dise, made  out  in  any  of  said  currencies,  imported  on  or  after  January  1, 
1883. 

CHAS.  J.  FOLGER, 

Secretary  of  the  Treasury. 

WEIGHTS   AND   MEASURES. 


Sec. 

3569.  Use  of  the  metric  system  authorized. 


Sec. 

3570.  Authorized  tables  of  weights  and  measures. 


Title  37.  Sec.  3569.  It  shall  be  lawful  throughout  the  United  States  of  America 

U  e  of  metric  *®  employ  the  weights  and  measures  of  the  metric  system ;  and  no  con- 
system  author- tract  or  dealing,  or  j)leading  in  any  court,  shall  be  deemed  invalid  or 
ized.  liable  to  objection  because  the  weights  or  measures  expressed  or  referred 

to  therein  are  weights  or  measures  of  the  metric  system. 

28  July,  1866,  s.  1,  v.  14,  p.  339. 


DISBURSING    OFFICERS    AND    AGENTS. 


179 


8kc.  3570.  The  tables  in  the  schedule  hereto  annexed  shall  be  recog-     Authorized  ta- 
nized  in  the  construction  of  contracts,  and  in  all  legal  proceedings,  as  ^K^  ^^  weights 
establishing,  in  terms  of  the  weights  and  measures  now  in  use  in  the  *      measures. 
United  States,  the  equivalents  of  the  weights  and  measures  expressed 
therein  in  terms  of  the  metric  system ;  and  the  tables  may  lawfully  bo 
used  for  computing,  determining,  and  expressing  in  customary  weights 
and  measures  the  weights  and  measures  of  the  metric  system. 
Ibid.,  8.  2. 

MEASURES  OF  LENGTH. 


Metric  denominations  and  values. 

Equivalents  in  denominations  in  use. 

Myriameter ....         10,  000  meters. 
Kilometer 1,  000  meters. 

Hectometer 100  meters. 

Dekameter 10  meters. 

Metex 1  meter. 

Decimeter iV  of  a  meter. 

Centimeter  ..  .       j^^  of  a  meter. 
Millimeter ......     j-q^^jj  of  a  meter. 

6. 2137  miles. 

0.  62137  miles,  or  3,280  feet  and 
10  inches. 
328  feet  and  1  inch. 
393. 7  inches. 
39.  37  inches. 
3.  937  inches. 
0.  3937  inches. 
0.  0394  inches. 

MEASURES  OF  CAPACITY. 


Metric  denominations  and  values. 

• 

Equivalents  in  denominations 
in  use. 

Names. 

No.  of 
liters. 

Cubic  measure. 

Dry  measure. 

Liquor  or  wine 
measure. 

Kiloliter, 

1,000 

1  cubic  meter... 

1.308  cub.  yards.. 

264. 17  galls. 

or  stere. 

Hectoliter - 

100 

-]\)-of  a  cubic  meter 

2  bushels  and  3.35 
pecks. 

26. 417  galls. 

Dekaliter.. 

10 

10  cub.  decimeters 

9.08  quarts 

2.  6417  galls. 

Liter 

1 

1  cub.  decimeter. 

0.908  quarts 

1.  0567  q'ts. 

Deciliter  .. 

iV 

-iVof  a  cubic  deci- 
meter. 

0.1022 cub.  inch.. 

0.  845  gills. 

Centiliter  . 

Too 

10  cub.  centimeters 

0.6102  cub.  inch.. 

0.338  fluid 
ounces. 

Milliliter.. 

TcroTT 

1  cub.  centimeter- 

0.061   cub.  inch.. 

0.27     fluid 

drams. 

MEASURES  OF  SURFACE. 


Metric  denominations  and  values.  Eipiivalents  in  denominations  in  use. 


Hectare 10,  000  square  meters.  2.  471  acres. 

Are 100  square  meters.       119.  6  sx^uare  yards. 

Centare 1  square  meter.       1550  square  inches. 


180 


NAVY  DEPARTMENT. 

WEIGHTS. 


1 


Metric  denominations  and  values. 


Equivalents  in  de- 
nominations in  use. 


Names. 


Millier  or  tonneau 

Quintal 

Myriagram 

Kilogram  or  kilo . 

Hectogram 

Dekagram 

Gram 

Decigram 

^Centigram 

Milligram 


Number  of 
grams 


1,000,000 

100, 000 

10,000 

1,000 

100 

10 

1 

T0I7 
T(fjTJ 


Weight  of  what 
quantity  of  water  at 
maximum  density. 


1  cubic  meter. .. 

1  hectoliter 

10  liters  

lliter 

1  deciliter 

10  cubic  centimeters 

1  cubic  centimeter 
-^Q  of  a  cubic  centi- 
meter. 
10  cubic  millimeters 

1  cubic  millimeter 


Avoirdupois 
weight. 


2204.  6  pounds. 
220.  46  pounds. 
22.  046  pounds. 
2.  2046  pounds. 
3. 5274  ounces. 

0.  3527  ounces. 
15.  432  grains. 

1.  5432  grains. 

0. 1543  grains. 
0.  0154  grains. 


DIES. 


Title  37.  Sec.  3551.  Dies  of  a  national  character  may  be  executed  by  the  en- 

"^TT^    "T        ^  graver,  and  national  and  other  medals  struck  by  the  coiner  of  the  Mint 
othe^ medals inay  ^^  Philadelphia,  under  such  regulations  as  the  superintendent,  with  the 
be  struck  at  Mint  approval  of  the  director  of  the  Mint,  may  prescribe.     Such  work  shall 
at  Philadelphia,   not,  however,  interfere  with  the  regular  coinage  operations,  and  no  pri- 
vate medal  dies  shall  be  prepared  at  any  mint,  or  ihe  machinery  or  ap- 
paratus thereof  be  used  for  that  purpose. 

12  Feb.,  1873,  s.  52,  t.  17,  p.  432. 
16  June,  1874,  ch.  288,  v.  18,  p.  76. 

NAVY  DEPARTMENT. 

secretary  and  bureaus. 


Sec. 

415.  Establishment  of    the  Department  of   the 
Navy. 

417.  Procurement  of  naval  stores  and  equipment 

of  vessels. 

418.  Custody  of  the  books  and  records. 

419.  Establishment  of  Bureaus. 

420.  Custody  of  books  and  records  of  Bureaus. 

421.  Appointment  of  chiefs  of  Bureaus. 

422.  Chiefs  of  Bureaus  of  Tards  and  Docks,  Equip- 

ment and  Recruiting,  Navigation,  and  Ord- 
nance. 

423.  Chief  of  Bureau  of  Construction  and  Repair. 
424.-  Chief  of  Bureau  of  Steam  Engineering. 


Sec. 

425.  Chief  of  Bureau  of  Provisions  and  Clothing. 

426.  Chief  of  Bureau  of  Medicine  and  Surgery. 
429.  Reports  to  be  made  to  Congress  by  the  Sec- 
retary. 

1375.  Assistant  to  Bureau. 

1436.  Chiefs  of  Bureaus,  staff-officers  exempt  from 
sea-duty.  ' 

1471.  Title  of  chiefs  of  Bureaus. 

1472.  Relative  rank  of  chief  of  Bureau  of  lower 

title  than  commodore. 

1473.  Retired  chiefs  of  Bureaus.  . 
1565.  Pay  of  chiefs  of  Bureaus.                           mm 


Title  10.  Sec.  415.  There  shall  be  at  the  seat  of  Government  an  Executive 

E  tablishment  E)6partment,  to  be  known  as  the  Department  of  the  Navy,  and  a  Secre- 
of  t\e  Depart- t^ry  of  the  Navy,  who  shall  be  the  head  thereof." 
mentof  theNavy.  30  April,  1798,  s.  1,  v.  1,  p.  ."553. 

Procurement  of     Sec.  417.  The  Secretary  of  the  Navy  shall  execute  such  orders  as  he 
naval  stores  and  gj^g^  receive  from  the  President  relative  to  the  procurement  of  naval 
vessels™*'"      '^  stores  and  materials,  and  the  construction,  armament,  equipment,  and 
employment  of  vessels  of  war,  as  well  as  all  other  matters  connected 
with  the  naval  establishment.     [See  Title  Contracts.     Also  ^  $  366^ 
3667, 3669,  Appropriations.  ]  M 

Ibid.  S 

Custody  of  the     Sec.  418.  The  Secretary  of  the  Navy  shall  have  the  custody  and  charge 
books    and  rec-  ^^  ^^l  the  books,  records,  and  other  property  now  remaining  in  and  ap- 
pertaining to  the  Department  of  the  Navy,  or  hereafter  acquired  by  it. 
Ibid.,  8.  3,  p.  554. 


NAVY    DEPARTMENT.  181 

Sec.  419.  The  Imsiuess  of  the  Department  of  the  Navy  sliall  be  dis-      Establiahment 
lii bated  in  such  manner  as  the  Secretary  of  the  Navy  shall  judge  to  be  oi  fiireaus. 
expedient  and  proper  among  the  following  Bureaus: 

First.  A  Bureau  of  Yards  and  Docks. 

Second.  A  Bureau  of  Equipnjent  and  Recruiting. 

Third.  A  Bureau  of  Navigation. 

Fourth.  A  Bureau  of  Ordnance. 

Fifth.   A  Bureau  of  Construction  and  Repair. 

Sixth.  A  Bureau  of  Steam  Engineering. 

Seventh.  A  Bureau  of  Provisions  and  Clothing.  ^ 

Eighth.  A  Bureau  of  Medicine  and  Surgery. 
31  Aug.,  1842,  8.  2,  V.  5,  p.  579. 
5  July,  1862,  as.  1, 4,  v.  12,  p.  510. 

Sec.  420.  The  several  Bureaus  shall  retain  the  charge  and  custody  of  ^^^^^^  ^and^rec^ 
the  books  of  records  and  accounts  pertaining  to  their  respec^ve  duties ;  oj.(|g  of  Bureaus, 
and   all  of  the  duties  of  the  Bureaus  shall  be  performed  under  the 
authority  of  the  Secretary  of  the  Navy,  and  their  orders  shall  be  con- 
sidered as  emanating  from  him,  and  shall  hav^e  full  force  and  effect  as 
such. 

31  Aug.,  1842,  8.  8,  V.  5,  p.  580. 

5  July,  1862,  s.  i,  v.  12,  p.  511. 

Sec.  421.  The  chiefs  of  the  several  Bureaus  in  the  Department  of  the     Appointment 
Navy  shall  be  appointed  by  the  President,  by  and  with  the  advice  and  of  chiefs  of  Bu- 
consent  of  the  Senate,  from  the  classes  of  officers  mentioned  in  the  ^®^^s- 
next  five  sections  respectively,  or  from  officers  having  the  relative  rank 
of  captain  in  the  staff  corps  of  the  Navy,  on  the  active  list,  and  shall 
hold  their  offices  for  the  term  of  four  years. 

5  July.  1862,  ss.  1,  2,  v.  12,  p.  510. 
3  March,  1871,  s.  10,  v.  16,  p.  537. 

Sec.  422.  The  chiefs  of  the  Bureau  of  Yards  and  Docks,  of  the  Bu- 
reau of  Equipment  and  Recruiting,  of  the  Bureau  of  Navigation,  and 
of  the  Bureau  of  Ordnance,  shall  be  appointed  from  the  list  of  officers 
of  the  Navy,  not  below  the  grade  of  commander. 
5  July,  1862,  s.  1,  v.  12,  p.  510. 

Sec.  423.  The  chief  of  the  Bureau  of  Construction  and  Repair  shall 
be  appointed  from  the  list  of  officers  of  the  Navy,  not  below  the  grade 
of  commander,  and  shall  be  a  skillful  naval  constructor. 

Ibid. 

Sec.  424.  The  chief  of  the  Bureau  of  Steam  Engineering  shall  be 
appointed  from  the  chief  engineers  of  the  Navy,  and  shall  be  a  skillful 
engineer. 

Ibid. 

Sec.  42.5.  The  chief  of  the  Bureau  of  Provisions  and  Clothing  shall 
be  appointed  from  the  list  of  paymasters  of  the  Navy  of  not  less  than 
ten  years'  standing. 
Ibid. 

Sec.  426.  The  chief  of  the  Bureau  of  Medicine  and  Surgery  shall  be 
appointed  from  the  list  of  the  surgeons  of  the  Navy.     [See  sec.  1375.  J 
lUd. 

Sec.  429.  The  Secretary  of  the  Navy  sliall  make  annual  reports  to     Reports  to  Con- 
Congress  upon  the  following  subjects :  [See  $$  195,  196,  Civil  Service.]  gress  bv  Secre- 

First.  A  statement  of  the  appropriations  of  the  preceding  fiscal  year  taryof  theNavy. 
for  the  Department  of  the  Navy,  showing  the  amount  appropriated 
under  each  specific  head  of  approi)riation,  the  amount  expended  under 
each  head,  and  the  balance  which,  on  the  thirtieth  day  of  June  preceding 
such  report,  remained  unexpended.  Such  report  shall  be  accompanied 
by  estimates  of  the  probable  demands  which  may  remain  on  each  appro- 
priation. 

Second.  A  statement  of  all  offers  for  contracts  for  supplies  and  serv- 
ices made  during  the  preceding  year,  by  classes,  indicating  such  as  have 
been  accepted. 

Third.  A  statement  showing  the  amounts  expended  during  the  pre- 
ceding fiscal  year  for  wages  of  mechanics  and  laborers  employed  in 
building,  repairing,  or  equipping  vessels  of  the  Navy,  or  in  receiving 
and  securing  stores  and  materials  for  those  purposes,  and  for  the  pur- 
chase of  material  and  stores  for  the  same  purpose;  and  showing  the 


182  NAjVY    DEPARTMENT. 


1 


cost  or  estimated  value  of  the  stores  on  hand,  under  this  appropriatioi 
in  the  navy-yards,  at  the  comraencement  of  the  next  preceding  fiscal 
year;  and  the  cost  or  estimated  value  of  articles  received  and  expended 
during  the  year;  and  the  cost  or  estimated  value  of  the  articles  belong- 
ing to  this  appropriation  which  may  b^  on  hand  in  the  navy-yards  afl 
the  close  of  the  next  preceding  fiscal  year.  *'  ^B 

Fourth.  A  statement  of  all  acts  done  by  him  in  making  sale  of  an^ 
vessel  or  materials  of  the  Navy ;  specifying  all  vessels  and  materials 
sold,  the  parties  buying  the  same,  and  the  amount  realized  therefrom, 
together  with  such  other  facts  as  may  be  necessary  to  a  full  under- 
standing of  his  acts.     [See  ^  1780,  Contingent  Fund.] 

1  May,  1820,  s.  2,  v.  3,  p.  567. 
3  March,  1843,  v.  5,  p.  617. 
27  July,  1866,  s.  3,  v.  14,  p.  365. 

Title  15,  Chap.  1.     Sec.  1375T  A  surgeon,  assistant  surgeon,  or  passed  assistant  surgeon 
Assistant    to  "^^^^  ^®  detailed  as  assistant  to  the  Bureau  of  Medicine  and  Surgery, 
Bureau  of  Medi-  who  shall  receive  the  highest  shore  pay  of  his  grade.     [See  p.  49.] 
cine  and  Surgery.  16  July,  1862,  s.  18,  v.  12,  p.  587. 

27Feb.,1877,v.  19,  p.244. 

Title  15,  Chap. 2.      Sec.  1436.  Any  staff  officer  of  the  Navy  who  has  performed  the  du 
Chiefs  of  Bu-  **^  ^  chief  of  a  Bureau  of  the  Navy  Dei^artment  for  a  full  term  shi 
reaus    exempted  thereafter  be  exempt  from  sea  duty,  except  in  time  of  war. 
from  sea  duty.  3  March,  1871,  s.  10,  v.  16,  p.  537. 

Title  15, Chap.  4.      Sec.  1471.  The  chiefs  of  the  Bureau  of  Medicine  and  Surgery,  Provi 

Rank  and  title  ^®^®  ^^^  Clothing,  Steam  Engineering,  and  Construction  and  Eepair, 
of  certain  chiefs  shall  have  the  relative  rank  of  commodore  while  holding  said  position, 
of  Bureau.  and  shall  have  respectively  the  title  of  Surgeon-General,  Paymast    ~ 

General,  Engineer-in-Chief,  and  Chief  Constructor. 
3  March,  1871,  s.  12,  v.  16,  p.  537. 
When  below      Sec.  1472.  When  the  office  of  chief  of  Bureau  is  filled  by  a  line  offi 
dore         ^*'"'^"^"  below  the  rank  of  commodore,  said  officer  shall  have  the  relative  ra 
of  commodore  during  the  time  he  holds  said  office. 
Ibid. 

^Rank  of  chiefs  of     ggc.  1473.  Officers  who  have  been  or  who  shall  be  retired  from  the 

ureaus  re  iie  .  pQg||;JQQ  ^f  djiefs  of  the  Bureau  of  Medicine  and  Surgery,  of  Provisions 

and  Clothing,  of  Steam  Engineering,  or  of  Construction  and  Repair, 

by  reason  of  age  or  length  of  service,  shall  have  the  relative  rank  of 

commodore. 

Ibid. 

Title  15,  Chap.  8.      Sec.  1565.  The  pay  of  chiefs  of  Bureaus  in   the  Navy  Department 
Pay  of  chiefs  s^^^H  ^^  the  highest  pay  of  the  grade  to  which  they  belong,  but  not 
of  Bureaus.  below  that  of  commodore. 

Ibid. 

Title  10.       clerks  and  othek  civil  employees  in  the  navy  department  and 

BUREAUS. 

Sec.  416.  There  shall  be  in  the  Department  of  the  Navy : 
One  chief  clerk,  at  a  salary  of  two  thousand  five  hundred  dollars  a 

year,  so  long  as  there  is  no  assistant  secretary  of  the  Navy,  and  at  a 

salary  of  two  thousand  two  hundred  dollars  a  year  when  there  is  an 

assistant  secretary  of  the  Navy.  * 
One  disbursing  clerk,  two  thousand  dollars.     [See  Sec.  176,  Civil 

Service.] 

5  July,  1862,  v.  12,  p.  510. 

2  July,  1864,  s.  4,  v.  13,  p.  373. 

2  July,  1866,  s.  8,  v.  14,  p.  207. 

3  March,  1871,  s.  3,  v.  16,  p.  492. 
3  March,  1873,  s.  1,  v.  17,  p.  501. 

In  the  Bureau  of  Yards  and  Docks: 

One  civil  engineer  at  a  salary  of  three  thousand  dollars  a  year. 
[Now  pay  of  grade  and  a  member  of  the  corps  of  Civil  Engineers.] 

One  chief  clerk,  at  a  salary  of  one  thousand  eight  hundred  dollars  a 
year. 

One  draughtsman,  at  a  salary  of  one  thousand  eight  hundred  dollars 
a  year. 

*  The  legislative  act  of  August  5,  1882,  authorized  the  appointment  of  an  Assistant 
Secretary  from  civil  life.  No  appointment  vras  made,  and  the  provision  was  repealed 
March  3,  1883. 


Clerical  force. 


NAVY    DEPARTMENT.  183 

lu  tho  Bureau  of  Equipment  and  Recruiting: 
One  cliief  clerk,  at  a  salary  of  one  thousand  eight  hundred  dollars  a 
year. 

In  the  Bureau  of  Construction  and  Repair : 
One  chief  clerk,  at  a  salary  of  one  thousand  eight  hundred  dollars  a 
year. 

One  draughtsman,  at  a  salary  of  one  thousand  eight  hundred  dollars 
a  year. 

In  the  Bureau  of  Steam  Engineering : 
One  chief  clerk,  at  a  salary  of  one  thousand  eight  hundred  dollars  a 
year. 

One  draughtsman  at  a  salary  of  one  thousand  eight  hundred  dollars 
a  year.     [See  act  March  3,  1883,  j>os^.] 

One  assistant  draughtsman,  at  a  sahiry  of  one  thousand  two  hundred 
dollars  a  year.     [See  act  March  3  1883,  post.'\ 
In  the  Bureau  of  Navigation  : 
One  chief  clerk,  at  a  salary  of  one  thousand  eight  hundred  dollars  a 
year. 

In  the  Bureau  of  Ordnance  : 
One  chief  clerk,  at  a  salary  of  one  thousand  eight  hundred  dollars  a 
y  ear. 

One  draughtsman,  at  a  salary  of  one  thousand  eight  hundred  dollars 
a  year. 

In  the  Bureau  of  Provisions  and  Clothing: 
One  chief  clerk,  at  a  salary  of  one  thousand  eight  hundred  dollars  a 
year. 

In  the  Bureau  of  Medicine  and  Surgery : 
One  chief  clej?k,  at  a  salary  of  o»e  thousand  eight  hundred  dollars  a 
year. 

Ibid. 

Appropriations  for  civil  force,  Secretary's  office  atid  Bureaus,  Navy  Depart- 
ment and  Navy  Department  huildings,  act  of  March  3,  1883. 

For  compensation  of  the  Secretary  of  the  Navy,  eight  thousand  dol-  Secretary's 
lars;  for  compeusation  of  chief  clerk  of  the  Navy  Department,  two**  ^®' 
thousand  live  hundred  dollars ;  one  disbursing  clerk,  two  thousand  two 
hundred  and  fifty  dollars;  four  clerks  of  class  four;  three  clerks  of 
class  three ;  one  stenographer,  at  one  thousand  six  hundred  dollars  f 
two  clerks  of  class  two;  six  clerks  of  class  one;  four  clerks,  at  one 
thousand  dollars  each  ;  telegraph  operator,  at  one  thousand  dollars ; 
one  carpenter,  one  thousand  dollars;  two  messengers;  three  assistant 
messengers  ;  one  messenger  boy,  at  four  hundred  and  twenty  dollars  ; 
one  messenger  boy,  at  two  hundred  and  forty  dollars ;  three  laborers ; 
one  clerk  of  class  two,  and  one  laborer  (for  Inspection  Board) ;  one 
clerk  of  class  two,  who  shall  be  a  stenographer ;  one  clerk  of  class  one, 
and  one  assistant  messenger  (in  care  of  library). 

For    one   chief  clerk,    one  thousand   eight   hundred  dollars;    one    Bureauofyarda 
draughtsman,  one  thousand  eight  hundred  dollars;  one  clerk  of  class ^°<^  *^<^<^^^- 
four;  one  clerk  of  class  three;  one  clerk  of  class  two;  one  clerk  of  class 
one  ;  one  clerk,  at  one  thousand  dollars;  one  assistant  messenger;  and 
one  laborer. 

For  chief  clerk,  one  thousand  eight  hundred  dollars;  one  clerk  of    Bureau     of 
class  four;  one  clerk  of  class  three;  two  clerks  of  class  two;  three  clerks  ^^"^P|^^^*    *"* 
of  class  one;  two  copyists,  at  nine  hundred  dollars  each;  one  assistant         ^^ 
messenger;  and  one  laborer. 

For  chief  clerk,  one  thousand  eight  hundred  dollars;  one  clerk  of    Bureau  of Navi- 
class  three  ;  two  clerks  of  class  two;  one  clerk  of  class  one;  one  clerk,  Ration, 
at  one  thousand  dollars;  one  copyist,  nine  hundred  dollars;  one  assist- 
ant messenger  ;  and  two  laborers. 

For  chief  clerk,  one  thousand  eight  hundred  dollars;  draughtsman,     Bureau  of  Ord- 
one  thousand  eight  hundred  dollars ;  one  clerk  of  class  three ;  one  clerk  nance, 
of  class  two  ;  one  assistant  messenger ;  and  one  laborer. 

For  chief  clerk,  one  thousand  eight  hundred  dollars;  draughtsman.     Bureau  of  Con- 
one  thousand  eight  hundred  dollars;  one  assistant  draughtsman,  one ^*^?*^*^^^  ^"^ ^®- 
thousand  four  hundred  dollars;  one  clerk  of  class  four;  one  clerk  of^^^^' 
class  three  ;  one  clerk  of  class  two  ;  one  clerk  of  class  one  ;  one  assist- 
ant messenger  ;  and  one  laborer. 

For  chief  clerk,  one  thousand  eight  hundred  dollars;  one  chief  Bureau  of 
draughtsman  at  two  thousand  two  hundred  and  fifty  dollars;  one  Steam -Engineer- 
assistant  draughtsman,  at  one  thousand  four  hui  dred  dollars  ;  one  clerk  '°^* 


184      PUBLIC    DOCUMENTS PUBLIC    PRINTING   AND    BINDING. 


of  class  two ;  two  clerks  of  class  one ;  one  clerk  at  one  thousand  dollars ; 
one  assistant  messenger ;  and  two  laborers. 
Bureau  of  Pro      For  chief  clerk,  one  thousand  eight  hundred  dollars;  one  clerk  of 
visions  and  Cloth- pjg^gg  four;  two  clerks  of  class  three;   two  clerks  of  class  two;  four 
clerks  of  class  one:   two  copyists,  nine  hundred  dollars;  one  assistant 
B  fM  d"  ^^ss^^g^r;  and  one  laborer. 

cineaBSsurgery.  ^^^  chief  clerk,  one  thousand  eight  hundred  dollars ;  one  clerk  of 
class  three ;  one  clerk  of  class  two  ;  one  clerk  of  class  one ;  one  clerk,  at 
one  thousand  dollars ;  one  assistant  messenger ;  and  one  laborer ;  one 
janitor,  six  hundred  dollars ;  one  assistant  chemist,  four  hundred  and 
eighty  dollars  (for  Naval  Dispensary). 
Judge-Advo-  For  one  clerk  of  class  three;  two  clerks  of  class  one;  one  clerk,  at 
cate-brenerai.        ^^^  thousand  dollars ;  one  laborer. 

^avy  Department  Building. 
State,  War,  and     The  President  is  hereby  authorized  and  directed  to  designate  from 
"^  *  T  T  ^v'^t^^  *^*^  Engineer  Corps  of  the  Army  or  the  Navy,  an  officer  well  qualified  for 
men     ui    lug.     ^j^^  purpose,  who  shall  be  detailed  to  act  as  superintendent  of  the  com- 
pleted portions  of  the  State,  War,  and  Navy  Department  building, 
under  direction  of  the  Secretaries  of  State,  War,  and  Navy,  who  are 
Commission  for  hereby  constituted  a  commission  for  the  purposes  of  the  care  and  super- 
care  and  super-  vision  of  said  building,  as  hereinafter  specified.     Said  oflScer  shall  have 
^sion  of  build- gjj^j,gg  Qf  gjj^jjj  building,  and  all  the  engines,  machinery,  steam  and 
Superintendent,  ^ater  supply,  heating,  lighting,  and  ventilating  apparatus,  elevators, 
and  all  other  fixtures  in  said  building,  and  all  necessary  repairs  and 
alterations  thereof,  as  well  as  the  direction  and  control  of  such  force  of 
engineers,  watchmen,  laborers,  and  others  engaged  about  the  building 
or  the  apparatus  under  his  supervision  ;  of  the  cleaning  of  the  corridors 
and  water  closets;  of  the  approaches,  side-walks,  lawns,  court-yards, 
and  areas  of  the  building,  and  of  all  rooms  in  the  sub-basement  which 
contain  the  boilers  and  other  machinery,  or  so  much  of  said  rooms  as 
may  be  indispensable  to  the  proper  performance  of  his  duties  as  herein 
provided. 
Employes     iii      Office  of  the  superintendent :  One  clerk  class  one ;  one  chief  engineer, 
office""^      *^"' ^  **  ^"®  ^^'^^'^^"^  *^®  hundred  dollars;  six  assistant  engineers,  atone 
thousand  dollars  each ;  one  captain  of  the  watch,  one  thousand  two 
hundred  dollars;  two  lieutenants  of  the  watch,  at  eight  hundred  and 
forty  dollars  each;  forty-five  watchmen;  one  machinist,  at  nine  hun- 
dred dollars;  one  skilled  laborer,  at  seven  hundred  and  twenty  dollars  ; 
seventeen  firemen ;  four  conductors  of  the  elevator,  at  seven  hundred 
and  twenty  dollars  each ;  two  assistant  conductors  of  the  elevator,  at 
five  hundred  dollars  each ;  sixteen  laborers ;  one  laborer,  at  six  hundred 
dollars;  and  fifty-four  charwomen,  at  one  hundred  and  eighty  dollars 
each;  in  all,  eighty-two  thousand  three  hundred  dollars. 

Pay  of  Assistant  Messengers,  ^'C. 

of  assist-  Sec.  3,  Thatthepay  of  assistant  messengers,  firemen,  watchmen,  and 
laborers  provided  for  in  this  act,  unless  otherwise  specially  stated,  shall 
be  as  follows  :  For  assistant  messengers,  firemen,  and  watchmen,  seven 
hundred  and  twenty  dollars  per  annum  each  ;  for  laborers,  six  hundred 
and  sixty  dollars  per  annum  each. 

3  March,  1883,  P.  E.  L  ,  p,  554. 


Pay 
ant 


PUBLIC    DOCUMENTS— PUBLIC 

BINDING. 


PRINTING    AND 


Sec. 

196.  Annual  reports — wlieu  to  be  furnished. 

383.  Printing  of  opinions  of  Attorney-General. 

497.  Custody  and  distribution  of  public  docu- 
ment's. 

500.  Manner  of  delivery. 

505.  Distribution  of  surplus  rolumes,  &c. 
3760.  Purchase  of  materials  by  Public  Printer. 
371'8.  Purchases  in  open  market. 
Purchases  without  advertising. 

3779.  Engraving  for  Congress. 

3780.  Engraving,  when  to  be  advertised. 
3783.  Accountability  for  and  issue  of  material. 

3785.  Only  Government  printing  and  binding  all- 

lowed. 

3786.  Printing  required  to  be  done  at  Government 

ce. 


Sec. 

3788.  Heads  of  Bureaus  not  to  prinf  reports,  ex- 

cept, &c. 

3789.  Orders  and  requisitions  for  printing. 

3790.  Style  and  form  of  work  for  Departments. 
3802.  Accounts  with  Departments  for  printing. 

Style  of  binding. 

Binding  for  members  of  Congress. 

3809.  Extra  copies  of  any  document,  how  sold. 

3810.  Printed  documents,  when  to  be  delivered. 
3813.  Documents  to  be  delivered  at  Interior  De- 
partment. 

3815.  Quarterly  account. 
3821.  Report  to  Congress. 

Impressions  and  vignettes,  Bureau  of  En- 

graving and  Printing. 


PUBLIC    DOCUMENTS PUBLIC    PRINTING    AND    BINDING.      185 

Sec.  19(5.  The  head  of  each  Department,  except  the  Department  of         Title  4. 
Justice,  shall  furnish  to  the  Congressional  Printer  copies  of  the  docu-    j^nnuai reports, 
ments  usually  accompanying  his  annual  report  on  or  before  the  first 
day  of  November  in  each  year,  and  a  copy  of  his  annual  report  on  or 
before  the  third  Monday  of  November  in  each  year. 

25  June,  1864,  ss.  1,  3.,  v.  13,  p.  184. 
25  June,  1870,  a.  12,  v.  16,  p.  164. 

Sec.  383.  The  Attorney-General  shall  from  time  to  time  cause  to  be         Title  8. 
edited,  and  printed  at  the  Government  Printing-Office,  an  edition  of  "opinions  of  the 
one  thousand  copies  of  such  of  the  opinions  of  the  law-oflficer  herein  Attorney  -  Gene- 
authorized  to  be  given  as  he  may  deem  valuable  for  preservation  in  ral.  Title8,p.«3. 
volumes,  which  shall  be,  as  to  size,  quality  of  paper,  printing,  and 
binding,  of  uniform  style  and  appearance. 

5«  *  *  #  # 

Each  volume  shall  contain  proper  head-notes,  a  complete  and  full     23Jmie,1870. 
index,  and  such  foot-notes  as  the  Attorney-General  may  approve.     Such 
volumes  shall  be  distributed  in  such  manner  as  the  Attorney-General 
may  from  time  to  time  prescribe. 

22  June,  1870,  s.  18,  v,  16,  p.  165. 

Sec.  497.  The  Secretary  of  the  Interior  is  charged  with  receiving,  Title  11,  Chap.  7. 
arranging,  and  safe-keeping  for  distribution,  and  of  distributing  to  the     custody    and 
persons  entitled  by  law  to  receive  the  same,  all  printed  journals  of  the  distribution    of 
two  Houses  of  Congress,  and  all  other  books  and  documents  of  every  public    docu- 
nature  whatever,  already  or  hereafter  directed  by  law  to  be  printed  or  ments. 
purchased  for  the  use  of  the  Government,  except  such  as  are  directed 
to  be  printed  or  purchased  for  the  particular  use  of  Congress,  or  of 
either  House  thereof,  or  for  the  particular  use  of  the  Executive  or  of  any 
of  the  Departments,  and  any  person  whose  duty  it  shall  be  by  law  to 
deliver  any  of  the  same,  shall  deliver  them  at  the  rooms  assigned  by 
the  Secretary  of  the  Interior  therefor. 

5  Feb.,  1859,  ss.  1,  7,  5,  v.  11,  p.  379 . 

Sec.  500.  The  publications  received  by  the  Secretary  of  the  Interior     Manner  of  de- 
fer distribution  shall  be  delivered  out  only  on  the  written  requisition  of  ^^'^'^^y- 
the  heads  of  Departments,  Secretary  of  the  Senate,  Clerk  of  the  House 
of  Representatives,  Librarian  of  Congress,  and  other  officers  and  per- 
sons who  are  by  law  authorized  to  receive  the  same,  except  where  by 
law  the  Secretary  of  the  Interior  is  required,  without  such  requisition, 
to  cause  the  same  to  be  sent  and  delivered;  and  in  either  of  such  cases 
it  shall  be  the  duty  of  the  Secretary  of  the  Interior  to  cause  the  same 
to  be  sent  and  delivered,  the  expenses  thereof,  except  when  otherwise 
directed,  to  be  charged  on  the  contingent  fund  of  the  Department. 
5  Feb.,  1859,  s.  4,  v.  11,  p.  380. 

Sec.  505.  Whenever  there  are  in  the  custody  of  the  Department  of  Distribution  of 
the  Interior  any  sets  of  the  documents  of  any  session  of  Congress,  or  other  ^J^^'^®  volumes, 
documents  or  odd  volumes,  not  necessary  to  supply  deficiencies  or  losses 
that  may  happen  in  the  Library  of  Congress,  or  in  that  of  either  of  the 
Executive  Departments,  or  in  State  or  territorial  libraries,  the  Secre- 
tary of  the  Interior  shall  distribute  the  same  as  equally  as  practicable 
to  the  several  Senators,  Representatives,  and  Delegates  in  Congress,  for 
distribution  to  public  libraries  and  other  literary  institutions  in  their 
respective  districts. 

17  Feb.,  1871,  lies.,  v.  16,  p.  597. 

Sec.  376P.  It  shall  be  the  duty  of  the  Congressional  Printer  to  pur-        Title  45. 
chase  all  materials  and  machinery  which  may  be  necessary  for  the  Gov-     Duties  of  Con- 
ernment  Printing  Office;  to  take   charge  of  all  matter  which  is  to  be  gressional  Print- 
printed,  engraved,  lithographed,  or  bound;  to  keep  an  account  thereof  er. 
in  the  order  in  which  it  is  received,  and  to  cause  the  work  to  be  promptly 
executed ;  to  superintend  all  printing  and  l»inding  done  at  the  Govern- 
ment Printing  Office,  and  to  see  that  the  sheets  or  volumes  are  promptly 
delivered  to  the  officer  who  is  authorized  to  receive  them.     The  receipt 
of  such  officer  shall  be  a  sufficient  voucher  of  their  delivery. 

23  June,  1860,  v.  12,  p.  117. 
22  Feb.,  1867,  v.  14,  p.  398! 
20  June,  1874,  v.  18,  p.  288. 

By  an  act  of  July  31,  1876,  s.  1,  v.  19,  p.  105,   the  Congressional  Printer  is  to 
be  called  the  "  Public  Printer." 


186       PUBLIC    DOCUMENTS PUBLIC    PRINTING    AND    BINDING. 

Purchases  in  Sec.  3778.  Tlie  Joint  Committee  on  Pnblic  Printing,  or,  during  the 
open  market.       recess  of  Congress,  the  Secretiiry  of  the  Interior,  may  authorize  the 

27  July,  1866,  Congressional  Printer  to  make  purchases  of  paper  in  open  market, 
ch.  287,  § 5,'vol. u'  whenever  they  'may  deem  the  quantity  required  so  small,  or  the  want 
P'^^^-  so  immediate,  as'not  to  justify  advertisement  for  proposals. 

27  July,  18G6,  s.  5,  v.  14,  p.  306. 

Purcli a 8 e    of     That  the  Joint  Committee  on  the  Public  Printing  be  and  hereby  is  au- 
niateria  1    I'o  r  thorized  to  give  jiermission  to  the  Public  Printer  to  purchase  material  in 
advertifin<^!         open  market,  whenever  in  their  opinion,  it  would  not  promote  the  pub- 
""         lie  interest  to  advertize  for  i)roposals  and  to  make  contracts  for  the  same  : 
Provided,  Jiowever,  That  the  purchases  authorized  by  this  act  shall  not 
in  any  term  of  six  montlis,  exceed  the  sum  of  fifty  dollars  for  any  par- 
ticular article  required. 

1  Feb.,  1878,  v.  20,  p. 

Title  45.  Sec.  3779.  Whenever  any  charts,  maps,  diagrams,  views,  or  other  eu- 

-p,  ~  gravings  are  required,  to  illustrate  any  document  ordered  to  be  printed 

Con^ress.^"^  ^^  ^^  either  House  of  Congress,  such  engravings  shall  be  procured  by  the 
Congressional  Printer,  under  the  direction  and  supervision  of  the  com- 
mittee on  printing  of  the  House  ordering  the  same.  [See  June  '23,  1874, 
post.  ] 

23  June,  1860,  s.  8,  v.  12,  p.  119, 
No  expensive  maps  or  illustrations  shall  be  juinted  without  the  special  order 
of  Congress.    June  23,  1874,  v.  18,  p.  204. 

Engraving  Sec.  3780.  When  the  probable  total  cost  of  the  maps  or  plates  accom- 
whentobeadver-  panying  one  work  or  document  exceednonelhousatid lu'o  hundred  dollars, 
the  lithographing  or  engraving  thereof  shall  be  awarded  to  the  lowest 
and  best  bidder,  after  advertisement  by  the  Cougressional  Printer,  un- 
der the  direction  of  the  Joint  Committee  on  Public  Printing.  Bat  the 
committee  may  authorize  him  to  make  immediate  contracts  for  lith- 
ographing or  engraving  whenever,  in  their  opinion,  the  exigencies  of 
the  public  service  do  not  justify  adA'ertisement  for  proposals. 

25  June,  1864,  s.  19,  v.  13,  p.  186. 
12  Feb.,  1883,  P.  E.  L.,  p.  414. 
Only    public     Se(;.  3785.  No  printing  or  binding  which  is  not  provided  for  bv  law 
ESding^afluwed  ^^^^^  ^®  executed  at  the  Government  Printing  Office. 

23  June,  1860,  Ees.,  s.  11,  v.  12,  p.  414. 
See  June  24,  1878,  post. 

Printing  re-     Sec.  3786.  All  printing,  binding,  and  blank  books  for  the  Senate  or 
2?    Go'vernmeut  ^^"®^  °^  Representatives,  and  the  Executive  and  Judicial  Depart- 
Printiug  Othce.    nients,  shall  be  done  at  the  Goternment  Printing  Office,  except  in 
cases  otherwise  provided  by  law. 

Idem.  p.  118.     2  March,  1867,  s.  10,  v.  14,  p.  467. 
20  Juij-,  1868,  s.  1,  V.  15,  p.  111. 

Heads  of  Bu-  g^c^  3788.  No  officer  in  charge  of  any  Bureau  or  office  in  any  Depart- 
reportT  e^xcept,  i^^^nt  shall  cause  to  be  printed,  at  the  public  expense,  any  report  he 
&c.  '  may  make  to  the  President  or  to  the  head  of  the  Department,  except  as 

provided  for  in  this  Title. 

31  Aug.,  1852,  8.  8,  V.  10,  p.  98.. 

Orders  and  re-  Sp:c.  3789,  No  printing  or  binding  shall  be  done,  or  blank-books  fur- 
quisitions  fornighed  *  *•  *  for  any  of  the  Executive  Departments,  except  on  a 
printing,  written  requisition  by  the  head  of  such  Department,  or  one  of  his  assist- 

ants. 

14  March,  1864,  s.  1,  v,  13,  p.  25. 
3  June,  1864,  s.  1,  v.  13,  p.  118. 
3. March,  1871,  v.  16,  p.  517. 

Style  and  form      Sec.  3790.  The  forms   and  style  in  which  the  j^rinting  or   binding 

of  work  for  De-  ordered  by  any  of  the  Departments  shall  be  executed,  the  materials  and 

partments.  yj^e  of  ty^ie  to  be  used,  shall  be  determined  by  the  Cougressional  Printer, 

having  proper  regard  to  economy,  workmanship,  and  the  purposes  for 

which  the  work  is  needed. 

25  June,  1864,  s.  12,  v.  13.  p.  184. 
See  20  June,  1878,  post. 

Accounts  with  Sec.  3802.  Whenever  Congress  makes  an  appropriation  for  any  De- 
Departments  for  partment  or  public  office,  to  he  expended  **for  printing  and  binding  to 
printing.  ^e  executed  under  the  direction  of  the  Congressional  Printer,"  the  Con- 

gressional Printer  shall  cause  an  account  to  be  opened  with  such  De- 
partment or  pnblic  office,  on  which  he  shall  charge  for  all  printing  and 


PUBLIC    DOCUMENTS PUBLIC    PRINTING    AND    BINDING.      187 

binding  ordered  by  the  head  thereof,  at  prices  established  in  pursuance 
of  law ;  and  it  shall  not  be  lawful  for  him  to  cause  to  be  executed  any- 
printing  Or  binding  the  value  of  which  exceeds  the  amount  appropriated 
for  such  purpose.     [See  $3661,  Appropriations.] 
8  May,  1872,  a.  3,  v.  17,  p.  83. 
And  hereafter  no  binding  shall  be  done  for  any  Department  of  the     June  20, 1878. 
Government  except  in  plain  sheep  or  cloth,   and  no  books  shall  be     QiyiQ  of  ^ji^d- 
printed  and  bound  except  when  tbe  same  shall  be  ordered  by  Congress  ing, 
or  are  authorized  by  law,  except  record  and  account  books,  which  may 
be  boun<l  in  Russia  leather,  sheep  fleshers,  and  skivers,  when  author- 
ized by  the  head  of  a  Department,  and  this  restriction  shall  not  apply 
to  the  Congressional  Library,  twr  to  the  library  of  the  Surg  eon- General' 8 
office,  nor  to  the  library  of  the  Patent  Office,  nor  to  the  library  of  the  De- 
partment of  State.     And  when  any  Department  shall  require  printing  to 
be  done  the  Public  Printer  shall  furnish  to  such  Dei^artment  an  esti-     Estimate 8    of 
mate  of  the  cost  by  the  principal  items  for  said  printing  so  called  for;  ^^^^'^  **^P^"^"*"^^* 
and  he  shall  place  to  the  debit  of  such  Department  the  cost  of  the  same, 
on  certification  of  the  head  of  the  Department,  Supreme  Court,  Court  of 
Claims,  or  Library  of  Congres8,that  said  printing  is  necessary.  *  *  * 

20  June,  1878,  v.  20,  p.  206. 

27  Jau.,  1879,  V.  20,  p.  267. 

26  Feb.,  1879,  v.  20,  p.  323. 
XOTK. — Tliis  act  operates  to  prohibit  tlie  practice  which  theretofore  existed 
(under  implied  authority  of  law)  of  printing  and  binding  reports,  &c.,  made  in 
the  course  of  Department  business,  and  requires  tliat  thenceforth,  for  such 
binding  and  printing  there  must  be  express  statutory  authorization. — Op. 
XVI,  57,  Phillips,  July  2,  1878.  See  Op.  XVI,  127,  giving  grounds  on  which  the 
Xautical  Almanac  caii  be  printed  and  bound. 

That  the  Public  Printer  be  authorized  to  bind  at  the  Government     10  Dec.  1877. 
Printing  Office  any  books,  maps,  charts,  or  documents  published  by     Members   of 
authority  of  Congress,  upon  application  of  any  member  of  the  Senate  Congress  may 
or  House  of  Representatives,  upon  payment  of  the  actual  oost  o"!"  such  have   documents 
binding.  .  ^«""d. 

10  Dec,  1877,  v.  20,  p.  5. 

Sec.  3809.  If  any  person  desiring  extra  copies  of  any  document  printed        Title  45. 
at  the  Government  Printing  Office  by  authorit}''  of  law  shall,  previous  ~~^±  i^       } 

to  its  being  put  to  press,  notify  the  Congressional  Printer  of  the  number  ^^  y  cfJcument, 
of  copies  wanted,  and  shall  pay  to  him,  in  advance,  the  estimated  cost  how  sold, 
thereof,  and  ten  per  centum  thereon,  the  Congressional  Printer  may, 
under  the  direction  of  the  Joint  Committee  on  Public  Printing,  furnish 
the  same. 

25  June,  1864,  s.  10,  v.  13,  p.  185. 

3  March,  1871,  s.  1,  v.  16,  p.  478. 
That  the  Public  Printer  be,  and  he  is  hereby,  directed  to  furnish  to      8  May,  1880, 
all  applicants  copies  of  bills  and  reports  and  other  public  documents  ^p^jj^  ^qcu- 
hereafter  printed  by  order  of  Congress  and  distributed  from  the  docu-  menta  to   appli- 
ment  rooms  of  the  Senate  and  House,  on  said  applicant's  paying  the  cants  at  cost,  &c. 
cost  of  such  printing,  with  ten  per  centum  added,  and  giving  the  notice 
required  by  section  thirty-eight  hundred  and  nine  of  Title  forty-five  of 
the  Revised  Statutes. 

8  May,  1880,  v.  21,  p.  306. 

Sp:c.  3810.  The  annual  reports  of  the  Executive  Departments  and  the        Title  45. 

accompanying  documents  shall  be  delivered  by  the  printer  to  the  proper     p  ,      ,     , [ 

officers  of  each  House  of  Congress  at  the  fiist  meeting  thereof;  and  the  j^ents,  ^when**To 
President's  Message,  the  reports  of  the  Executive  Departments,  and  the  be  delivered, 
abridgment  of  accompanying  documents,  shall  be  so  delivered  on  or 
before  the  third  Wednesday  in  December  next  after  the  meeting  of 
Congress,  or  as  soon  thereafter  as  may  be  practicable. 
25  June,  1864,  s.  4,  v.  13,  p.  185. 

Sec.  381,5.  The  Congressional  Printer  shall  render  to  the  Secretary  of    Qnarteily    ac- 
the  Treasury,  quarterly,  a  full  account  of  all  purchases  made  by  him,  <'<^'i"t- 
and  of  all  printing  and  binding  done  in  the  Government   Printing 
Office  for  each  House  of  Congress  and  for  each  of  the  Executive  and 
Judicial  Deijartmeuts. 

23  June,  1860,  Res.  25,  v.  12,  p.  178. 

Sec.  3821.     The  Congressional  Printer  shall,  on  the  first  day  of  each     Report  to  Con- 
session,  or  as  soon  thereafter  as  may  be  2>racticable,  report  to  Congress  S^eas. 
the  exact  condition,  and  the  amount  and  cost  of  the  public  printing, 


188       PUBLIC    DOCUMENTS PUBlIC    PRINTING    AND    BINDING. 

binding,  lithographing,  and  engraving;  the  amount  and  cos^.  of  all 
paper  purchased  for  the  same  ;  a  derailed  statement  of  proposals  made 
and  contracts  entered  into  for  the  purchase  of  paper  and  other  mate- 
rials, and  for  lithographing  and  engraving;  of  all  payments  made, 
during  the  preceding  year,  under  his  direction;  of  the  amount  of  work 
ordered  and  done,  with  a  general  classification  thereof,  for  each  Depart- 
ment, and  a  detailed  statement  of  each  account  with  the  Departments 
or  public  officers. 

22  June,  1860,  as.  2,  9,  v.  12,  p.  117. 
20  Feb.,  1861,  s.  1,  v.  12,  p.  135. 
14  March,  1864,  s.  1,  v.  13,  p.  25. 
3  March,  1865,  v.  13,  p.  572. 
27  July,  1866,  8.  4,  v.  14,  p.  305. 
9  May,  1872,  a.  3,  v.  17,  p.  83. 

21  Dec,  1879.         That  the  Secretary  of  the  Treasury,  at  the  request  of  a  Senator,  Rep- 
~  :        resentative,  or  Delegate  in  Congress,  the  head  of  a  Department,  or 

fr  o  m  ^vignettes*  I^ureau,  art  association  or  library,  be  and  he  is  hereby  uthorized  to 
«feo.,  in  the  Bu- furnish  impressions  from  any  portrait  or  vignette  which  *<  now,  or 
reau  of  Engrav-  may  hereafter  be,  a  part  of  the  engraved  stock  of  the  Bureau  *,  Engra- 
mg  and  Printing,  ying  and  Printing,  at  such  rates  and  under  such  conditions  as  n  may 
deem  necessary  to  protect  the  j)ublic  interests. 

22  Dec,  1879,  V.  21,  p.  59. 

CONGRESSIONAL  DIRECTORY. 

5.      Sec.  77.  A  congressional  directory  shall  be  compiled  at  each  session 
~       ~~:        ,  of  Congress  under  the  direction  of  the  Joint  Committee  on  Public 
Direc^iy.^'^ ° ^   Printing,  and  the  first  edition  for  each  session  shall  be  ready  for  distri- 
bution within  one  week  after  the  commencement  thereof. 
14  Feb.,  1865,  v.  13,  p.  568. 

Title  45.  Sec.  3801.  The  iirst  edition  of  the  Congressional  Directory  for  each 

session  shall  be  printed  and  ready  for  distribution  within  one  week 

after  the  coinmencement  thereof. 
Ibid. 

BIENNIAL  REGISTER. 

Sec.  j  Sec. 

510.  Preparation  of.  |   .  Number  to  be  printed,  and  how  distributed  . 

Title  11,  Chap.  7,      Sec.  510.  As  soon  as  practicable  after  the  first  day  of  July  in  each 

Preparation ^f  ^^^^  "^  which  a  new  Congress  is  to  assemble,  a  register  shall  be  com- 

Biennial    Regis-  pilcfl  and  printed  under  the  direction  of  the  Secretary  of  the  Interior 

ter.  #     *     *     which  shall  contain  the  following  lists,  made  up  to  snchfii'st 

day  of  July  : 

1.  Correct  lists  of  all  the  officers,  clerks,  employes,  and  agents,  civil, 
military,  and  naval,  in  the  service  of  the  United  States,  including  cadets 
and  midshipmen,  which  lists  shall  exhibit  the  amount  of  compensation, 
pay,  and  emoluments  allowed  to  each,  the  State  or  country  in  which  lie 
was  born,  the  State  or  Territory  from  which  he  was  appointed  to  office, 
and  where  employed. 

2.  A  list  of  the  names,  force,  and  condition  of  all  the  ships  and  ves- 
sels belonging  to  the  United  States,  and  when  and  where  built. 

3.  Lists  of  all  printers  of  the  laws  of  the  United  States,  and  of  all 
printers  employed  by  Congress  or  by  any  Department  or  officer  of  the 
Government,  during  the  two  years  preceding  the  first  day  of  July  up 
to  which  such  list  is  required  to  be  made,  with  the  compensation  allowed 
to  each,  and  designating  the  Dei)artment  or  officer  causing  the  printing 
to  be  executed. 

4.  A  statement  of  all  allowances  made  by  the  Postmaster- General, 
within  the  same  period  of  two  years,  to  each  contractor  on  contracts 
for  carrying  the  mail,  discriminating  the  sum  paid  as  stij)ulated  by  the 
original  contract  and  the  sums  paid  as  additional  allowance. 

27  April,  1816,  ss.  1,  2,  v.  3,  p.  342. 

14  July,  1832,  v.  4,  p.  608. 

3  March,  1851,  s.  1,  v.  9,  p.  600. 
2  March,  1861,  s.  4,  v.  12,  p.  245. 

23  Jan.,  1874,  v.  18,  p.  5. 

15  Dec,  1877,  V.  20,  p.  13. 


PUBLIC  OR  DEPARTMENT  RECORDS. 


189 


In  lieu  of  the  number  of  copies  of  the  Biennial  Register,  now  author- 
ized by  law  to  be  printed,  the  Secretary  of  the  Interior  be,  and  he  is ' 
hereby,  directed  to  cause  to  be  printed  twenty-five  hundred  copies  of 
the  said  work,  to  be  distributed  as  follows : 


15  Dec,  1877. 


To  the  Navy  Department  twenty  copies. 

#  #  *  #  «  *  * 

The  Biennial  KegivSter  shall  be  made  up  to  the  firnt  day  of  July  of 
each  year  in  which  a  new  Congress  is  to  assemble,  and  shall  be  filed  as 
soon  thereafter  as  practicable  in  the  Department  of  the  Interior. 

15  Dec,  1877,  V.  20,  p.  13. 

PUBLIC  OR  DEPARTMENT  RECORDS. 


Sec. 


883 


213.  State  Department  records. 
882.  Copies  of  Department  recoras  and  papers. 
Transcripts  from  books  of  the  Treasury  in 

suits  against  delinquents. 
Copies  of  records,  (fee,  in  office  of  Solicitor  of 

Treasury. 
Transcripts  in  indictments  for  embezzlement. 


887 


Sec. 

888.  Copies  of  returns  in  returns-office. 

896.  Copies  of  consular  records. 

908.  Little  &  Brown's  edition  of  statutes. 
1778.  Oaths,  acknowledgements. 
512-515.  Eeturns  office. 
5403.  Destroying  public  records. 
5408.  Officer  "in  charge  destroying  records. 


Sec.  213.  For  making  out  and  authenticating  copies  of  records  in  the         Title  6. 
Department  of  State,  a  fee  of  ten  cents  for  each  sheet  containing  one     pecs  for  copies 
hundred  words  shall  be  paid  by  the  person  requesting  such  copies,  of  records, 
except  where  they  are  requested  by  an  officer  of  the  United  States  in  a 
matter  relating  to  his  office. 

15  Sept.,  1789,  s.  6,  v.  1,  p.  69. 

Sec.  882.  Copies  of  any  books,  records,  papers,  or  documents  in  any  Title  13,  Chap.  17. 

of  the  Executive  Departments,  authenticated  under  the  seals  of  such  — - — : 

Departments,  respectively,  shall  be  admitted  in  evidence  equally  with  partme^nt records 
the  originals  thereof.  Jnd  papers. 

15  Sept.,  1789.  s.  5,  v.  1,  p.  69. 

22  Feb. ,  1849,  s.  3,  v.  9,  p.  347. 

31  May,  1854,  s.  2,  v.  10,  p.  297. 

The  heads  of  the  Departments  are  not  bound  to  produce  papers  or  disclose  in- 
formation communicated  to  them  where,  in  their  judgment,  the  disclosures 
would,  on  public  considerations,  be  inexpedient. — Op.  XI,  137,  Speed. 

In  general,  only  such  communications  as  are  made  in  the  course  of  their  offi- 
cial duties  by  the  persons  making  them  come  within  the  riile  of  privileged  com- 
munications, and  are  confidential  under  all  circumstances.  Other  cases  may 
occur  (stated  in  this  opinion)  in  which  a  Department  would  be  justified  in  rep- 
resenting to  a  court  that  upon  public  considerations  it  declined  to  furnish  such 
communications. — Op.  XV,  415,  Devens,  Dec.  17, 1877.     See,  also,  XV,  378. 

In  furnishing  copies  a  distinction  will  properly  be  made  between  documents 
in  the  nature  of  permanent  records,  such  as  general  or  special  orders,  muster 
'  rolls,  discharges  of  soldiers,  commissions  of  officers,  &c.,  and  the  reports  and 
communications  of  officers  addressed  to  military  superiors  or  to  the  Secretary  of 
War  in  the  line  of  their  official  duty.  The  latter  are  generally  regarded  as 
privileged  communieations  which  even  the  courts,  on  grounds  of  public  policy, 
will  in  general  hold  to  be  incompetent  testimony,  and  of  which  they  will  refuse 
to  require  the  production  in  evidence. — Winthrop's  Digest,  p.  350. 

An  official  memorandum  indorsed  on  an  account  as  a  direction  to  his  subordi- 
nates by  the  head  of  a  Department  is  not  a  matter  of  record  of  which  the  public 
or  persons  dealing  with  the  Department  must  take  notice.— C.  C,  XIII,  72. 

AH  collections  of  natural  history  and  the  like,  and  all  field  notes  and  other 
like  local  information,  taken  or  obtained  by  any  public  officer,  civil  or  military, 
in  the  line  of  his  duty,  belong  to  the  Government.  They  may  lawfully  make  col- 
lections and  take  notes  for  their  own  use,  provided  the  same  be  done  without 
neglect  of  public  duty  or  expense  to  the  Government,  and  provided  alsQ  that  it 
be  done  without  violation  of  superior  order  in  their  respective  Departiiients. — 
Op.  VI,  599,  Gushing,  24  June,  1854. 

The  records  of  an  Executive  Department  need  not  be  produced  in  evidence  in 
court,  but  their  contents  may  be  shown  by  authenticated  copies. — C.  C,  II,  451. 
Nock's  case.    But  see  Op. 

A  party  cannot,  by  replevin,  take  papers  from  the  public  archives  on  the 
allegation  of  their  being  private  property,  by  a  writ  against  the  head  of  a  De- 
partment or  other  public  officer.  The  arcliives  are  in  the  possession  of  the 
United  States.— Op.  VI,  8,  Gushing,  March  25,  1853. 

Eecommendations  for  office  are  not  papers  or  documents  required  to  be  kept 
by  the  Departments  in  which  they  are  deposited — filed  for  the  convenience  of 
applicants  who  are  allowed  to  withdraw  them  whenever  they  desire  to  do  so. 
Such  applicants  can  properly  be  permitted  to  see  objections  that  may  have 
been  filed  against  themselves  (subject  to  the  limitation,  however,  that  the  per- 
mission should  only  be  given  where  the  communication  is  not  in  its  nature 
privileged)  in  order  that  they  may,  if  possible,  answer  or  remove  them.  The 
files  of  the  Departments  ought  not  to  be  submitted  to  a  search,  upon  the  appli- 


190  PUBLIC  OR  DEPARTMENT  RECORDS. 

cation  of  a  newspaper,  with  a  view  to  ascertain  what  persons  have  been  recom- 
mended for  office  by  a  certain  Senator  and  Representative  in  Congress.  Copies 
of  such  papers  should  not  be  furnished  unless  the  applicant  appears  himself  to 
have  been  'directly  atfected  by  the  writing  of  a  letter  of  which  he  demands  a 
copy.— Op.  342,  DeVens,  July  28, 1877. 

Copies  of  re-     Sec.  883.  Copies  of  any  documents,  records,  books,  or  papers  in  the 
cord^^  &.c^,  in  of^Qfjjpg  ^f  ^^j^g  Solicitor  of  the  Treasury,  certified  by  him  under  the  seal  of 
the  Treasury.^ ^  ^^^  office,  or,  when  his  office  is  vacant,  by  the  officer  acting  as  Solicitor 
for  the  time,  shall  be  evidence  equallj^  with  the  originals. 
22  Feb.,  1849,  s.  2,  v.  9,  p.  347. 
Transcripts     Skc.  886.  When  suit  is  brought  in  any  case  of  delinquency  of  a  reve- 
^f^th^T*^*'  ^'^'^'  "^®  officer,  or  other  person  accountable  for  public  money,  a  transcript 
in  suits  ^aga^nst  ^oin  the  books  and  proceedings  of  the  Treasury  Department,  certified 
delinquents.         by  the  Register  and  authenticated  under  the  Seal  of  the  Department,  or, 
when  the  suit  involves  the  accounts  of  the  War  or  Navy  Departments, 
certified  by  the  Auditors  resiiectively  charged  with  the  examination 
of  those  accounts,  and  authenticated  under  the  seal  of  the  Treasury 
Department,  shall  be  admitted  as  evidence,  and  the  court  trying  the 
cause  shall  be  authorized  to  grant  judgment  and  award  execution  ac- 
cordingly.    And  all  copies  of  bonds,  contracts,  or  other  papers  relating 
to,  or  connected  with,  the  settlement  of  any  account  between  the  United 
States  and  an  individual,  when  certified  by  the  Register,  or  by  such 
Auditor,  as  the  case  may  be,  to  be  true  copies  of  the  originals  on  file, 
and  authenticated  imder  the  seal  of  the  Department,  may  be  annexed 
to  such  transcripts,  and  shall  have  equal  validity,  and  be  entitled  to 
the  same  degree  of  credit  which  would  be  due  to  the  original  papers 
if  produced  and  authenticated  in  court:    Provided,  That  where  suit  is 
brought  upon  a  bond  or  other  sealed  instrument,  and  the  defendant 
pleads  "non  est  factum,"  or  makes  his  motion  to  the  court,  verifying 
such  plea  or  motion  by  his  oath,  the  court  may  take  the  same  into 
consideration,  and,  if  it  appears  to  be  necessary  for  the  attainment  of 
justice,  may  require  the  i^roduction  of  the  original  bond,  contract,  or 
other  paper  specified  in  such  affidavit. 

3  March,  1797,  8. 1,  v.  1,  p.  512. 
3  March,  1817,  8. 11,  V.  3,  p.  367. 

The  account  of  a  delinquent  officer,  as  finally  adjusted  by  the  accounting  of- 
ficers, is  not  admissible  as  evidence  under  sec.  886,  R.  S.,  unless  it  be  certified 
and  authenticated  to  be.  a  transcript  from  the  books  and  proceedings  of  that 
Department.  A  certificate  that  the  transcript  annexed  is  a  copy  of  the  original 
on  file  is  the  form  used  in  reference  to  mere  copies  of  bonds,  contracts,  or  other, 
paper's  connected  with  the  final  adjustment. — Otto,  102,  548. 

Transcripts  in     Sec.  887.  Upon  the  trial  of  any  indictment  against  any  person  for 
indictments    for  embezzling  public  moneys,  it  shall  be  sufficient  evidence,  for  the  pur- 
n"bMc^monev8  ^  P®^®  of  showing  a  balance  against  such  person,  to  produce  a  transcript 
from  the  books  and  proceedings  of  the  Treasury  Department,  as  pro- 
vided by  the  preceding  section.     [See  $  5494,  Disbursing  Officers.] 

6  Aug.,  1846,  8. 16,  V.  9,  p.  63. 
2  March,  1797,  s.  1,  v.  1,  p.  512. 

Copies  of  re-  Sbc.  888.  A  copy  of  any  return  of  a  contract  returned  and  filed  in 
t^ns  in  returns-  ^j^^.  returns-office  of  the  Department  of  the  Interior,  as  provided  by 
^     ®'  law,  when  certified  by  the  clerk  of  the  said  office  to  be  full  and  com- 

plete, and  when  authenticated  by  the  seal  of  the  Department,  shall  be 
evidence  in  any  prosecution  against  any  officer  for  falsely  and  corruptly 
swearing  to  the  affidavit  required  by  law  to  be  made  by  such  officer  in 
making  his  return  of  any  contract,  as  required  by  law,  to  said  returns- 
office.    [See  $  3744,  Contracts,  page  29.] 

2  June,  1862,  s.  4,  v.  12,  p.  412. 
Copies  of  rec      g^c.  896.  Copies  of  all  official  documents  and  papers  in  the  office  of 
fice    ^'^  United  ^^^  consul,  vice-consul,  or  commercial  agent  of  the  United  States,  and 
States    consuls,  of  all  official  entries  in  the  books  or  records  of  any  such  office,  certified 
Sec.  '  under  the  hand  and  seal  of  such  officer,  shall  be  admitted  in  evidence 

in  the  courts  of  the  United  States.  [See  $  1707,  Diplomatic  and  Con- 
sular Officers,  Part  IV.] 

8  Jan.,  1869,  v.  15,  p.  266. 

Little       <fc      Sec.  908.  The  edition  of  the  laws  and  treaties  of  the  United  States, 

Brown's   edition  published  by  Little  &  Brown,  shall  be  competent  evidence  of  the  sev- 

to  be  evidence      ^^*^  public  and  private  acts  of  Congress,  and  of  the  several  treaties 

therein  contained,  in  all  the  courts  of  law  and  equity  and  of  maritime 

jurisdiction,  and  in  all  the  tribunals  and  public  offices  of  the  United 


PUBLIC  OR  DEPARTMENT  RECORDS.  TJI 

States,  and  of  the  «everal  States,  without  any  further  yjroof  or  authen- 
Ti cation  thereof. 

8  Aug.,  1846,  3.  2,  V.  9,  p.  76. 

Sec.  1778.  In  all  cases  in  which,  under  the  laws  of  the  United  States,        Title  19. 
oaths  or  acknowledgments  may  now  be  taken  or  made  before  any  jus-  "^Takin^^  oatba 
tice  of  the  peace  of  any  State  or  Territory,  or  in  the  District  of  Colum- j^^j^mj^jg^j    ' 
bia,  they  may  hereafter  be  also  taken  or  "made  by  or  before  any  notary  ments,  (fee. 
]iublic  duly  appointed  in  any  State,  district,  or  Territory,  or  any  of  the 
commissioners  of  the  circuit  courts,  and  when  certified  under  the  hand 
and  official  seal  of  such  notary  or  commissioner,  shall  have  the  same 
force  and  effect  as  if  taken  or  made  by  or  before  such  justice  of  the 
])eaco. 

16  Sept.,  1850,  V.  9,  p.  458. 

29  July,  1854.  s.  1,  v.  10,  p.  315. 

RETURNS  OFFICE. 

Sec.  512.  The  Secretary  of  the  Interior  shall  from  time  to  time  pro-  Title  11,  Cliap.  8. 
vide  a  proper  apartment,  to  be  called,  the  Returns  Office,  in  which  he  ^petiVms  Office^ 
shall  cause  to  be  filed  the  returns  of  contracts  made  by  the  Secretary 
of  War,  the  Secretary  of  the  Navy,  and  the  Secretary  of  the  Interior, 
and  shall  appoint  a  clerk  of  the  first  class  to  attend  to  the  same.    [See 
^  3744-3747,  Contracts,  page  29.] 

2  June,  1862,  s.  4,  v.  2,  p.  412. 

Sec.  513.  The  clerk  of  the  Returns  Office  shall  file  all  returns  made     Clerk  to  file  re- 
to  the  office,  so  that  the  same  may  be  of  easy  access,  keeping  all  re-  ™"»**- 
turns  made  by  the  same  officer  in  the  same  place,  and  numbering  them 
in  the  order  in  which  they  are  made. 
Idem. 

Sec.  514.  The  clerk  of  the  Returns  Office  shall  provide  and  keep  an     Indexes, 
index  book,  with  the  names  of  the  contracting  parties,  and  the  num- 
ber of  each  contract  opposite  to  the  names ;   and  shall  submit  the  in- 
dex-book and  returns  to  any  i3erson  desiring  to  inspect  it. 
Idem. 
Sec.  515.  The  clerk  of  the  Returns  Office  shall  furnish  copies  of  such     Copies    of   re- 
returns  to  any  person  paying  therefor  at  the  rate  of  five  cents  for  every  tarns, 
one  hundred  words,  to  which  copies  certificates  shall  be  appended  in 
every  case  by  the  clerk  making  the  same,  attesting  their  correctness, 
and  that  each  copy  so  certified  is  a  full  and  complete  copy  of  the  return, 
Idem. 

DESTROYING  RECORDS. 

Sec.  5403.  Every  person  who  willfully  destroys  or  attempts  to  destroy,  Title  10,  Cliap.  ♦. 
or,  with  intent  to  steal  or  destroy,  takes  and  carries  away  any  record,    Destroving  &c. 
paper,  or  proceeding  of  a  court  of  justice,  filed  or  deposited  with  any  public  records, 
clerk  or  officer  of  such  court,  or  any  paper,  or  document,  or  record  filed 
or  deposited  in  any  public  office,  or  with  any  judicial  or  public  officer, 
shall,  without  reference  to  the  value  of  the  record,  paper,  document,  or 
proceeding  so  taken,  pay  a  fine  of  not  more  than  two  thousand  dollars, 
or  sulfer  imprisonment,  at  hard  labor,  not  more  than  three  years,  or 
both.     [See  §  5408.] 

26  Feb. ,  1853,  s.  4,  v.  10,  p.  170. 

Skc.  5408.  Every  officer  having  the  custody  of  any  record,  document.     Destroying 
paper,  or  proceeding  specified  in  section  fifty-four  hundred  and  three,  records  by  officer 
who  fraudulently  takes  away,  or  withdraws,  or  destroys  any  such  record,  ^^  charge- 
document,  paper,  or  proceeding  filed  in  his  office  or  deposited  with  him 
or  in  his  custody,  shall  pay  a  fine  of  not  more  than  two  thousand  dol- 
lars, or  suifer  imprisonment  at  hard  labor  not  more  than  three  years, 
or  both ;  and  shall,  moreover,  forfeit  his  office  and  be  forever  afterward 
disqualified  from  holding  any  office  under  the  Government  of  the  United 
States. 

Idem,  s.  5. 


192  PUBLIC    PROPERTY,    BUILDIKGS    AND    GROUNDS. 

PUBLIC  PROPERTY,  BUILDINGS  AND  GROUNDS. 

PURCHASE   AND  DISPOSITION. 


Sec. 

3736.  No  purch.ase  without  appropriation. 
5503.  Contractiufr  be.yond  appropriations. 
Rent  of  buildings.     [See  page  31.] 


Sec. 
355.  Title  to  be  examined. 
1838.  Assent  of  legislature. 

3733.  Contract  not  to  exceed  appropriation. 

3734.  Restriction  on  commencing  buildings.  j 

Titles.  Sec.  355.  No  public  money  shall  be  expended  upon  any  site  or  land 

Title  to  laud  t^  purchased  by  the  United  States  for  the  purposes  of  erecting  thereon 
be  purchased  by  any  armory,  arsenaJ,  fort,  fortilication,  navy-yard,  custom-house,  liglit- 
the  United  house,  or  other  public  building,  of  any  kind  whatever,  until  the 
States.  written  opinion  of  the  Attorney-General  shall  be  had  in  favor  of  the 

validity  of  the  title,  nor  until  the  consent  of  the  legislature  of  the  State 
in  which  the  land  or  site  may  be,  to  such  purchase,  has  been  given. 
The  district  attorneys  of  the  United  States,  upon  the  application  of  the 
Attorney-General,  shall  furnish  any  assistance  or  information  in  their 
powder  in  relation  to  the  titles  of  the  j)ublic  i)ropeity  lying  within 
their  respective  districts.  And  the  Secretaries  of  the  Departments, 
upon  the  application  of  the  Attorney-General,  shall  procure  any  addi- 
tional evidence  of  title  which  he  may  deem  necessary,  and  which  may 
not  be  in  the  possession  of  the  officers  of  the  Government,  and  the  ex- 
pense of  procuring  it  shall  be  paid  out  of  the  appropriations  made  for 
the  contingencies  of  the  Departments  respectively. 
11  September,  1841,  Res.  6,  v.  5,  p.  468. 
Title  22.  Sec.  18.38.  The  President  of  the  United  States  is  authorized  to  pro- 

A  8  8-en  t  o  f  cnre  the  assent  of  the  legislature  of  any  State,  within  which  any  pur- 
States  to  pur- chase  of  land  has  been  made  for  the  erection  of  forts,  magazines, 
chase  of  lands  for  arsenals,  dock-yards,  and  other  needful  buildings,  without  such  consent 
forts,  &c.  having  been  obtained. 

28  April,  1828  s.  2,  v.  4,  p.  264. 
Title  43  f    '  ^       '  f 

! Sec.  3733.  No  contract  shall  be  entered  into  for  the  erection,  repair, 

No  contract  to  or  furnishing,  of  any  public  building,  or  for  any  public  improvement 
exceed  appropri-  which  shall  bind  the  Government  to  pay  a  larger  sum  of  money  than 
^^^^^'  the  amount  in  the  Treasury  appropriated  for  the  specific  purpose. 

[See  $5503.] 

25  July,  1868,8.  3,  v.  15,  p.  177. 

Restrictions  on      g^c.  3734.  Before  any  new  buildings  for  the  use  of  the  United  Stales 
of  newbuildings  ^^®  commenced,  the  plans  and  full  estimates  therefor  shall  be  prepared 
'  and  approved  by  the  Secretary  of  tfie  Treasury,  the  Postmaster-Gen- 
eral, and  the  Secretary  of  the  Interior;  and  the  cost  of  each  building 
shall  not  exceed  the  amount  of  such  estimate.     [See  $  3663.] 
15  July,  1870,  V.  16,  p.  296. 
piScbased*  *ex^      ^EC.  3736.  No  land  shall    be  purchased  on  account  of  the  United 
cept  under  a  law.  States,  except  under  a  law  authorizing  such  purchase. 

1  May,  1820,  s.  7,  v.  3,  p.  568. 

Tltle70,Chap.6.  Sec.  5503.  Every  officer  of  the  Government  who  knowingly  contracts 
~z  I  ~.  ~  for  the  erection,  repair,  or  furnishing  of  any  public  building,  or  for  any 
beyond^  %pecmc  public  improvement,  to  pay  a  larger  amount  than  the  specific  sum  ap- 
appropriationfor  propriated  for  such  purpose,  shall  be  punished  by  imprisonment  not 
building.  less  than  six  months  nor  more  than  two  years,  and  shall  pay  a  fine  of 

two  thousand  dollars.     [See  ^  3733.] 

25  July,  1868,  s.  5,  v.  15,  p.  177. 

The  Govei-nment  can  purchase  land  in  a  State  without  the  consent  of  the 
legislature,  but  cannot  without  that  consent  exercise  exclusive  jurisdiction. 
The  joint  resolutions  of  September  11,  1841  (sec.  — ,  R.  S.),  does  not  forbid  the 
payment  of  the  purchase  money  of  any  site  for  'the  purpose  of  erecting  build- 
ff  ings  before  the  consent  of  the  legislature  is  obtained,  but  prohibit  the  expendi- 

ture of  public  money  upon  improvements  before  such  consent.  If  the  legisla- 
tive act  of  the  State  amounts  to  a  consent,  any  exceptions,  reservations, 
or  qualifications  contained  in  the  act  are  void. — Op.  X,  35,  May  6,  1861,  Bates. 
See  also  Op.  XV,  212,  Devens,  March  27,  1877. 
•  A  purchase  of  land  by  the  Executive  without  the  authority  of  law  is  an  illegal 
act.— Op.  XI,  201,  Speed,  April  20, 1865. 

Where  a  contract  is  made  for  the  purchase  of  property  for  Government  pur- 
•    poses,  and  the  head  of  a  Department  refuses  to  take  it>  the  Attorney-General 
declaring  the  title  defective,  the  contract  is  at  an  end.     A  succeeding  Secretary 
cannot  reconsider  except  upon  new  evidence,  &c. — Op.  IX,  100,  Black,  Septem- 
ber 26, 1857. 

Compensation  to  district  attorneys  for  examining  titles  proper.  The  amount 
may  be  agreed  on  in  advance  or  fixed  after  the  work  is  completed. — Op.  XI, 
433,  Speed,  May  8,  1866.     See  also  Op.  XIII,  15. 


PUBLIC    PROPERTY,    BUILDINGS    AND    GROUNDS.  193 

The  discretion  ffiven  in  an  act  to  acquire  by  purchase  or  condemnation  a  lot 
of  land  for  a  public  building  does  not  extend  to  "acquisition"  of  adjoining 
land.  Authority  to  purchase  in  the  act  does  not  include  authority  to  acquire 
by  condenuiatioh.  In  statutes,  generally,  the  word  purchase  is  employed  in  a 
sense  not  technical,  only  as  acquisition  by  agreement  with  and  conveyance  from 
the  owners  without  Governmental  interference. — Op.  XVI,  226,  Devens,  May 
14,  1879. 

The  United  States  cannot  accept  a  cession  of  jurisdiction  from  a  State  coupled 
with  a  condition  that  crimes  committed  within  the  limits  of  the  jurisdiction 
ceded  shall  continue  to  be  punished  by  the  courts  of  the  State. — Op.  VIII,  419, 
Gushing.  ' 

See  Op.  IX,  528,  and  the  Kegulations  of  the  Department  of  Justice,  published 
in  General  Orders,  War  Department,  May  13, 1881,  concerning  examination  and  , 

evidence  of  titles  of  lands  to  be  conveyed  to  the  United  States. 

The  act  of  a  legislature  of  a  State  giving  consent  to  the  purchase  of  site  for 
naval  pui'poses  is  sufficient  authority  for  the  expenditure  of  money  in  its  pur- 
chase, if  the  title  is  certified  to.— Op.  IX,  129,  Black,  November  23,'l877.  It  is 
such  a  cession  of  jurisdiction  that  is  contemplated  by  the  joint  resolution  of  Sep- 
tember 11,  1848. -Op.  IX,  p.  263. 

The  term  purchase  embraces  any  mode  of  acquiring  property  other  than  by 
descent.  The  Secretary  of  War  cannot  accept  a  gift  of  land  or  interest  in  land, 
for  any  use  or  purpose,  independently  of  statute  authority.  Public  money  can- 
not be  expended  for  the  erection  of  a  public  building  upon  land  donated  to  the 
United  States,  until  the  Attorney-General  has  passed  the  title  and  the  legisla- 
ture of  the  State  granted  jurisdiction. — Winthrop's  Digest,  406.  See  also  this 
Digest  for  other  important  decisions  and  rulings  on  the  subject  of  public  lands 
and  property ;  and  against  the  power  of  the  heads  of  the  executive  departments 
to  lease,  give  away,  or  dispose  in  any  manner  of  such  land  or  property  without 
authority  of  Corrgress.     See  also  Op.  IV,  480. 

Where  land  is  donated  to  the  United  States  for  a  site  for  a  public  building, 
for  which  an  appropriation  was  made  by  Congress  :  Held,  That  the  consent  of 
the  legislature  of  the  State  to  the  grant  is  required  before  any  part  of  the  appro- 
priation can  be  lawfully  expended  in  the  erection  of  the  building — Op.  XVI, 
414,  Devens,  January  7,  1880. 

Lands  purchased  and  reserved  by  the  United  States  for  light-house,  barrac^is, 
navy-vards,  and  other  like  purposes  are  not  included  in  the  designation  of 
"public  lands."  Lands  so  purchased  or  reserved  are  in  law  and  in  fact  severed 
from  the  public  domain,  and  no  subsequent  law  or  warrant  authorizing  the  ap- 
propriation of  "public  lands  "  would  be  construed  to  embrace  land  so  purchased 
or  reserved. — Op.  V,  578,  Aug.  1, 1852,  Crittenden. 

An  act  appropriating  for  a  movable  dam  impliedly  authorizes  the  purchase 
with  the  approval  of  the  Secretary  of  War,  of  such  land  as  is  necessary  for  the 
construction  of  the  dam .  Payment  of  the  purchase  money  may  be  made  though 
the  legislature  of  the  State  has  not  consented  to  the  purchase.  Expenditures 
for  structuaes  or  improvements  cannot  be  made  upon  land  already  purchased 
until  the  consent  of  the  State  is  obtained. — Op.  XV,  p.  212,  Devens,  March  27, 
1877. 

CARE  AND  DESTRUCTION  OF  PUBLIC  PROPERTY. 


Sec.  I   Sec. 

197.  Inventory  to  be  kept.  5386.  Arson  of  armories,  &c, 

1624.  Willfully  stranding  vessels.  !  5387.  Arson  of  vessels  of  war, 

.  Unlawful  destruction  of  public  property 

.  Negligent  stranding  of  vessels. 

.  Waste  of  public  property. 

.  Stealing  or  wrongfully  selling. 

3748.  Selling  uniforms  and  equipments. 

5385.  Arson  of  dwelling  houses. 


5438.  Canceling,     selling,    and    pledging    public 
property. 

5439.  Embezzling  arms,  stores,  &c. 
5456.  Kobbery  and  larceny  of  personal  property  ot 

the  United  States. 
.  Use  of  water  in  public  buildings  D.  C. 


Sec  197.  The  Secretary  of  State,  the  Secretary  of  the  Treasury,  the         Title  4. 
Secretary  of  the  Interior,  the  Secretary  of  War,  the  Secretary  of  the     j        ,    .        ^ 
Navy,  the  Postmaster-General,  the  Attorney-General,   and  Commis-  property.  "^^ 
siouer  of  Agriculture  shall  keep,  in  proper  books,  a  complete  inventory 
of  all  the  property  1>»' longing  to  the  United  States  in  the  buildings, 
rooms,  offices,  and  groands  occupied  by  them,  respectively,  and  under 
their  charge,  adding  thereto,  from  time  to  time,  an  account  of  such 
property  as  may  be  procured  subsequently  to  the  taking  of  such  inven- 
tory, as  well  as  an  account  of  the  sale  or  other  disposition  of  any  of 
such  property. 

15  July,  1870,  s.  1,  v.  16,  p.  364. 

Sec  1624.  Art.  4.  The  punishment  of  death,  or  such  other  punish- Title  15,Chap.l6. 

ment  as  a  court-martial  may  adjudge,  may  be  inflicted  on  any  person  in     ~^7 — 

the  naval  service—  ^  ,  ^  ,  ^  ishaWe  b|  deX 

Tenth.  Or  intentionally  or  willftilly  suffers  any  vessel  of  the  Navy  to     Willful  strand- 
be  stranded,  or  run  upon  rocks  or  shoals,  or  improperly  hazarded ;  or  ^f^^f  ^^^^^^'  ^^ 
maliciously  or  willfully  injures  any  vessel  of  the  Navy,  or  any  part  of ""''°" 
her  tackle,  armament,  or  equipment,  whereby  the  safety  of  the  vessel 
is  hazarded  or  the  lives  of  the  crew  exposed  to  danger ; 
11181 13 


194  PUBLIC    PROPERTY,    BUILDINGS    AND    GROUNDS. 

TJnla-wfol    de-     Eleventh.     Or  unlawfully  sets  on  lire,  or  otherwise  unlawfully  de' 
struction  of  pub-  gtroys,  any  public  property  not  at  the  time  in  possession  of  an  enemy? 
property-        pirate,  or  rebel ; 

23  April,  1800,  Art.  17,  v.  3,  p.  47. 

Offenses    pun-     ART.  8.  Such  punishment  as  a  court-martial  may  adjudge  may  be  in- 
ishable  at  discre-  flicted  on  any  person  in  the  Navy— 
tion  of  court-mar-  ##  #  *^#  *»  *t  # 

Negligent     Eleventh.  Or,  through  inattention  or  negligence,  suffers  any  vessel 
stranding.  of  the  Navy  to  be  stranded,  or  run  upon  a  rock  or  shoal,  or  hazarded ; 

Waste  of  pub-     Fifteenth.  Or  wastes  any  ammunition,  provisions,  or  other  public 
lie  property,  &c.  property,  or,  having  power  to  prevent  it,  knowingly  permits  such 
waste ; 

23  April,  1800,  Art.  13,  v.  2,  p.  47. 
Crimee'.of fraud.     Art.  14.  Fine  and  imprisonment,  or  such  other  punishment  as  a 
court-martial  may  adjudge,  shall  be  inflicted  upon  any  person  in  the 
naval  service  of  the  United  States — 

Stealing,  wrong-     Who  steals,  embezzles,  knowingly  and  willfully  misappropriates,  ap-: 

fully  selling,  &c.  pXjes  to  his  own  use  or  benefit,  or  wrongfully  and  knowingly  sells  or 

disposes  of  any  ordnance,  arms,  equipments,  ampaunitiou,  clothing,. 

subsistence  stores,  money  or  other  property  of  the  United  States,  furu- 

ished  or  intended  for  the  military  or  naval  service  thereof;  or 

^ying  P^onc     Who  knowingly  purchases,  or  receives  in  pledge  for  any  obligation 

m    ary    pr    p-  ^j.  indebtedness,  from  any  other  person  who  is  a  part  of  or  employed  in 

said  service,  any  ordnance,  arms,  equipments,  ammunition,  clothing, 

subsistence  stores,  or  other  property  of  the  United  States,  such  other 

person  not  having  lawful  right  to  sell  or  pledge  the  same ; 

2  March,  1863,  a.  1,  v.  12,  p.  565. 

March  3, 1875.       That  any  person  who  shall  embezzle,  steal,  or  purloin  any  money ^ 
Embezzling,  property,  record,  voucher,  or  valuable  thing  whatever,  of  the  moneys, 
stealing,    &c^  goods,  chattels,  records,  or  property  of  the  United  States,  shall  *be 
States  d^e°med    ^^™^^  guilty  of  felony,  and  on  conviction  thereof  before  the  district 
felony ;  penalty.  ^^  circuit  court  of  the  United  States  in  the  district  wherein  said  offense 
may  have  been  committed,  or  into  which  he  shall  carry  or  have  in  pos- 
session of  said  property  so  embezzled,  stolen,  or  purloined,  shall  be 
punished  therefor  by  imprisonment  at  hard  labor  in  the  penitentiary 
not  exceeding  five  years,  or  by  a  fine  not  exceeding  five  thousand  dol- 
lars, or  both,  at  the  discretion  of  the  court  before  which  he  shall  be 
convicted. 
Knowingly  re-      Skc.  2.  That  if  any  person  shall  receive,  conceal,  or  aid  in  concealing, 
ingT^^c.,^8tofen^  ®^  have,  or  retain  in  his  possession  with  intent  to  convert  to  his  own 
&c.',  property  of  use  or  gain,  any  money,  property,  record,  voucher,  or  valuable  thing 
the    United  whatever,  of  the  moneys,  goods^  chattels,  records,  or  property  of  the 
States ;  penalty.  United  States,  Avhich  has  theretofore  been  embezzled,  stolen,  or  pur- 
loined from  the  United  States  by  any  other  person,  knowing  the  same 
.to  have  been  so  embezzled,  stolen,  or  purloined,  such  person  shall,  on 
conviction  before  the  circuit  or  district  court  of  the  United  States  in 
the  district  wherein  he  may  have  such  property,  be  punished  by  a  fine 
not  exceeding  five  thousand  dollars,  or  imprisonment  at  hard  labor  in 
the  penitentiary  not  exceeding  five  years,  one  or  both,  at  the  discretion 
b  f^r^  or^a  f"e  r  °^      •  ^^^^^  before  which  he  shall  be  convicted ;  and  such  receiver  may 
con^Titcion  of  ^^  tried  either  before  or  after  the  conviction  of  the  principal  felon,  bufc 
principal.  if  the  party  has  been  convicted,  then  the  judgment  against  him  shall 

be  conclusive  evidence  in  the  prosecution  against  such  receiver  that 
the  property  of  the  United  States  therein  described  has  been  embez- 
zled, stolen,  or  purloined. 

3  March,  1875,  v.  18,  p.  479. 

Title  44. Sec.  3748.  The  clothes,  arms,  military  outfits,  and  accouterments. 

Uniforms  and  •^^^^®^®*^  ^5"  *^®  United  States  to  any  soldier  shall  not  be  sold,  bar- 
equipments,  tered,  exchanged,  pledged,  loaned,  or  given  away ;  and  no  person  not 
a  soldier,  or  duly  authorized  officer  of  the  United  States,  who  has  pos- 
session of  any  such  clothes,  arms,  military  outfits  or  accouterments,  so 
furnished,  and  which  have  been  the  subjects  of  any  such  sale,  barter, 
exchange,  pledge,  loan,  or  gift,  shall  have  any  right,  title,  or  interest 
therein;  but  the  same  may  be  seized  and  taken  wherever  found  by  any 
officer  of  the  United  States,  civil  or  military,  and  shall  thereupon  be 
delivered  to  any  quartermaster,  or  other  officer  authorized  to  receive 


PUBLIC  PROPERTY,  BUILDINGS  AND  GROUNDS.      195 

the  same.  The  possession  of  any  such  clothes,  arms,  military  outfits,  or 
accouterments  by  any  person  not  a  soldier  or  officer  of  the  United  States 
shall  be  presumptive  evidence  of  such  a  sale,  barter,  exchange,  pledge, 
loan,  or  gift. 

3  March,  1863,  s.23,  v.  12,  p.  735. 
Sec.  5385.  Every  person  who,  within  any  fort,  dock-yard,  navy-yard,  Title 70>  Chap.  3. 
arsenal,  armory,  or  magazine,  the  site  whereof  is  under  the  Jurisdiction    Arson  of  dwell- 
of  the  United  States,  or  on  the  site  of  any  light-house,  or  other  needful  iug-house  within 
building  belonging  to  the  United  States,  the  site  w^hereof  is  under  their  a  fort,  &c. 
jurisdiction,  willfully  and  maliciously  burns  any  dwelling-house,  or 
mansion-house,  or  any  store,  barn,  stable,  or  other  building,  parcel  of 
any  dwelling  or  mansion-house,  shall  suft'er  death. 

3  March,  1825,  s.  1,  v.  4,  p.  115. 
Sec.  5386.  Every  person  who,  in  any  of  the  places  mentioned  in  the     Arson  of  armo- 
preceding  section,  maliciously  sets  fire  to,  or  burns,  any  arsenal,  armory,  ^^>  a^^senal,  &c. 
magazine,  rope-walh,  ship-house,  warehouse,  block-house,  or  barrack, 
or  any  store-house,  barn,  or  stable,  not  parcel  of  a  dwelling-house,  or 
any  other  building  not  mentioned  in  such  section,  or  any  vessel  built, 
or  begun  to  be  built,  or  repairing,  or  any  light-house,  or  beacon,  or  any 
timber,  cables,  rigging,  or  other  materials  for  building,  repairing,  or 
fitting  out  vessels,  or  any  pile  of  wood,  boards,  or  other  lumber,  or  any 
military,  naval,  or  victualing  stores,  arms,  or  other  munitions  of  war, 
shall  be  punished  by  a  fine  of  not  more  than  five  thousand  dollars,  and 
by  imprisonment  at  hard  labor  not  more  than  ten  years. 

Ibid,  8. 2. 

Sec.  5387.  Every  person  who  maliciously  sets  on  fire,  or  burns,  or     Arson  of  vessel 
otherwise  destroys,  any  vessel  of  war  of  the  United  States,  afloat  on  the  ^^  "''^*^- 
high  seas,  or  in  any  arm  of  the  sea,  or  in  any  river,  haven,  creek,  basin, 
or  bay  within  the  admiralty  jurisdiction  of  the  United  States,  and  out 
of  the  jurisdiction  of  any  particular  State,  shall  suffer  death. 
Ibid,  8. 11,  p.  117. 

Sec.  5438.  Every  person     *     *     *     who,  having  charge,  possession.  Title  70,  Chap.  5. 
custody,  or  control  of  any  money  or  other  public  property  used,  or  to     Concealing 
be  used,  in  the  military  or  naval  service,  who,  with  intent  to  defraud  selling  and  ple<^- 
the  United  States  or  willfully  to  conceal  such  money  or  other  property,  hig  public  prop- 
delivers  or  causes  to  be  delivered,  to  any  other  person  having  authority  ^^^^'  ^^" 
to  receive  the  same,  any  amount  of  such  money  or  other  property  less 
than  that  for  which  he  received  a  certificate  or  took  a  receipt,  and 
every  person  authorized  to  make  or  deliver  any  certificate,  voucher, 
receipt  or  other  paper  certifying  the  receipt  of  arms,  ammunition,  pro- 
visions, clothing,  or  other  property  so  used  or  to  be  used,  who  makes  or 
delivers  the  same  to  any  other  person  without  a  full  knowledge  of  the 
truth  of  the  facts  stated  therein,  and  with  intent  to  defraud  the  United 
States,  and  every  person  who  knowingly  purchases  or  receives  in  pledge 
for  any  obligation  or  indebtedness  from  any  soldier,  oi^cer,  sailor,  or 
other  person  called  into  or  employed  in  the  military  or  naval  service 
any  arms,  equipments,  ammunition,  clothes,  military  stores,  or  other 
public  property,  such  soldier,  sailor,  officer,  or  other  person  not  having 
the  lawful  right  to  pledge  or  sell  the  same,  every  person  so  offending 
in  any  of  the  matters  set  forth  in  this  section  shall  be  imprisoned  at 
hard  labor  for  not  less  than  one  nor  more  than  five  years,  or  fined  not 
less  than  one  thousand  nor  more  than  five  thousand  dollars.     [See 
^  §  3490,  3491,  under  Claims.  ] 

2  March,  1863,  ss.  1-3,  v.  12,  pp.  696-698. 

Sec.  5439.  Every  person  who  steals  or  embezzles,  or  knowingly  applies    Embezzling 
to  his  own  use,  or  who  unlaw^fully  sells,  conveys,  or  disposes  of,  any  arms,  stores,  &c, 
ordnance,  arms,  ammunition,  clothing,  subsistence,  stores,  money,  or 
other  property  of  the  United  States,  furnished  or  to  be  used  for  the 
military  or  naval  service,  shall  be  punished  as  prescribed  in  the  pre- 
ceding section. 

Ibid. 

Sec.  5456.  Every  person  who  robs  another  of  any  kind  or  description     Robbery  or  lar- 
of  personal  property  belonging  to  the  United  States,  or  feloniously  takes  ^^^^  ^^  personal 
and  carries  aw^ay  the  same,  shall  be  punished  by  a  fine  of  not  more  than  UnSed  States.  ^ 
five  thousand  dollars,  or  by  imprisonment  at  hard  labor  not  less  than 
one  nor  more  than  ten  years,  or  by  both  such  fine  and  imprisonment. 
2  March,  1867,  v.  14,  p.  557. 


196 


BUILDINGS    AND    GROUNDS. 


3  March,  1883, .      All  officers  in  charge  of  public  buildings  in  tlie  District  of  Columbia 

— :z.        z      771  shall  cause  the  flow  of  water  in  the  buildings  under  their  charge  lo  be 

to  be  shut  o^      ^hut  oif  from  five  o'clock  post  meridian  to  eight  o'clock  ante  meridian : 

Provided,  That  the  water  in  said  public  buildings  is  not  necessarily  in 

use  for  public  business.  ^m 

3  March,  1883.     [Sundry  civil  act.]  WM 

And  hereafter  no  money  shall  be  paid  nor  contracts  made  for  pay- 
3  March,  1875.    ^^^^  f^j.  ^^y  gj^g  f^^  g^  pubic  building  in  excess  of  the  amount  8])ecifi- 
Payments, con- cally  appropriated  therefor;    and  no  money  shall  be  expended  upon 
tracts,  &c.,  for  any  public  building  on  which  work  has  not  yet  been  actually  begun 
pubhc  buildings,  ^j^'^q  after  drawings  and  specifications  together  with  detailed  estimates 
of  the  cost  thereof,  shall  nave  been  made  by  the  Supervising  Architect 
of  the  Treasury  Dexiartment,  and  said  plans  and  estimates  shall  have 
been  approved  by  the  Secretary  of  the  Treasury,  Secretary  of  the  In- 
terior, and  the  Postmaster-General ;  and  all  appropriations  made  for 
the  construction  of  such  building  shall  be  expended  within  the  limita- 
tions of  the  act  authorizing  the  same  or  limiting  the  cost  thereof;  and 
no  change  of  said  plan  involving  an  increase  of  expense  exceeding  ten 
per  centum  of  the  amount  to  which  said  building  was  limited  shall  be 
allowed  or  paid  by  any  officer  of  the  Government  without  the  special 
authority  of  Congress. 

3  March.  1875,  chap.  130,  v.  18,  p.  395. 

The  Secretary  of  the  Navy  has  no  authority  to  grant  permission  to  a  city  to 
extend  a  sewer  through  the  public  grounds  so  as  to  confer  any  legal  title  or  right 
upon  the  city  to  maintain  the  sewer  through  the  grounds.  A  mere  license  for 
the  use  of  the  premises  is  revocable  at  all  times.  A  legal  right  to  construct  and 
maintain  a  sewer  would  have  to  be  granted  by  Congress.— Op.  XVI,  152,  October 
1,  1878.  Devens. 

TeiTitory  over  which  exclusive  jurisdiction  has  been  ceded  to  the  United 
States,  is  subject  only  to  the  laws  of  Congress.  "Where  land  is  granted  by  a 
State  to  the  General  Government,  reserving  a  concurrent  jurisdiction  in  exe- 
cuting process  within  for  offenses  committed  without  such  tract,  the  United 
States  have  exclusive  jurisdiction  of  offenses  committed  within  the  ceded  ter- 
ritory. The  purchase  of  land  by  the  General  Government  for  public  purposes 
within  the  territorial  limits  of  a  State,  does  not,  of  itself,  oust  the  State  juris- 
diction therein.  Exclusive  jurisdiction  is  the  necessary  attendant  on  exclusive 
legislation.  When,  therefore,  a  State  legislature  has  given  its  consent  to  a 
purchase  of  land  by  the  General  Government  for  the  purposes  enumerated  in 
the  Constitution,  the  State  jurisdiction  is  completely  ousted.— Brightley's  Fed- 
eral Digest,  pp.  147, 148,  giving  numerous  authorities  and  decisions  of  the  courts. 

An  officer  in  command  of  a  military  post  has  the  right  to  protect  it  by  force 
from  occupation  or  iujury  at  the  hands  of  trespassers.  One  caution  should  be 
observed,  however,  that  in  executiug  this  duty  there  should  be  no  unnecessary 
or  wanton  hann  done  either  to  persons  or  property. — Op.  IX,  47G,  Black,  Sep- 
tember 24,  1860. 

"Where  the  Government  oxecviies  a  lease  with  a  full  knowledge  of  the  condi- 
tion of  the  building  leased  and  with  no  agreement  that  the  lessor  shall  make 
repairs  it  cannot  make  them  at  his  expense. — C.  C,  IV,  526. 

Premises  occupied  by  the  Government  under  an  implied  lease ;  claim  pre- 
sented, which  is  reduced  and  paid,  owner  accepting  and  receipting  without  pro- 
test. He  is  excluded  from  afterward  seeking  to  recover  the  difference. — C.  C, 
VIII,  52L  "Where  there  is  an  express  agreement  to  repair,  tenant  is  liable  for 
loss  by  accidental  fire.  Liability  attaches  although  there  be  no  express  cove- 
nant as  to  fire.  Otherwise  where  there  is  no  agreement  to  keep  in  repair,  C. 
C,  IX,  479.  Premises  rented  at  a  specific  rate  per  month,  after  expiration  of  a 
year  lessee  notified  lessor  that  the  rent  must  be  reduced.  The  lessor  allows 
the  lessee  to  continue,  receiving  monthly  rent  at  the  reduced  rate  and  giving 
receipts  therefor  in  full.  He  thereby  consents  to  chang  ein  the  original  con- 
tract.—C.  C.,Y,  508. 

"Where  the  President  has  given  permission  to  a  railroad  or  a  telegraph  com- 
pany to  run  lines  through  the  public  property,  the  license  is  revocable  at  his 
pleasure.— Op.  XVI,  205,  Devens,  Nov.  22, 1878. 

Persons  who  reside  on  lands  purchased  by,  or  ceded  to  the  United  States, 
forts  and  arsenals,  and  wheie  there  is  no  other  reservation  or  jurisdiction  to  the 
State  than  that  of  a  light  to  serve  civil  and  criminal  process  on  such  lands,  are 
not  entitled  to  the  benefits  of  common  schools  for  their  children  in  the  towns  in 
which  the  lands  are  situated;  nor  are  they  liable  to  be  assessed  for  their  polls 
and  estates  to  State,  county,  and  town  taxes,  in  such  towns  ;  nor  do  they  gain 
a  settlement  in  such  towns  for  themselves  or  their  children  by  a  residence  for 
any  length  of  time  on  such  lands;  nor  do  they  acquire  by  residing  on  suchlands 
any  elective  franchise  as  inhabitants  of  such  towns. — Supreme  court  of  Mas- 
sachusetts, 1  Metcalf,  580,  quoted  in  Op.  XVI,  468,  Devens,  Feb.,  7,  1880. 


SALE    OF    PROPERTY    AND   MATERIALS.  197 


SALE  OF  PROPERTY  AND  MATERIALS.      , 


Sec.  (  Sec 


3617 


1540.  Sale  of  vessels  unfit  for  repairs.  3618.  Proceeds  of  sales  of  mateil'Sipits,                 *^*S  <7>     ^  "' 

1541,  Sale  of  unserviceable  vessels  and  materials.  3619.  Penalty  for  withholding  mOaey.    •*  ^    ^jj^      ^U^^  %*. 
Removal  of  vessels  fiom  Register,  3672.  Statement  of  proceeds  of  sales,     y  Ttu    ~^               "*    JP 

Appraisal  and  sale  of  stores,  (fee.  Disposition  or  useless  ordinan6«imilitierial        ,»—  k. 

Moneys  to  be  deposited  without  deduction,  j                                                                     '                     'Vl^*><^ 

Sec.  1540.  The  President  m<ay  direct  any  armed  vessel  of  the  United  Title  15,  Chap.  «. 
States  to  be  sold  when,  in  his  opinion,  such  vessel  is  so  much  out  of  re-  Sale  of  vessels 
pair  that  it  will  not  be  for  the  interest  of  the  United  States  to  repair  unfit  to  be  repair 
her.     [See  Aug.  5,  1H82,  j?08t.]  ed. 

21  April,  1806,  a.  3,  v.  2,  p.  402. 

Sec.  1541.  The  Secretary  of  the  Navy  is  authorized  and  directed  to     Sale  of  unserv- 
eell,  at  public  sale,  such  vessels  and  materials  of  the  United  States  ^^^^We     vessels 
Navy  as,  in  his  judgment,  cannot  be  advantageously  used,  repaired,  or  ^^   ™*  ^^^*  ^' 
fitted  out;  and  he  shall,  at  the  opening  of  each  session  of  Congress, 
make  a  full  report  to  Congress  of  all  vessels  and  materials  sold,  the 
parties  buying  the  same,  and  the  amount  realized  therefrom,  together 
with  such  other  facts  as  may  be  necessary  to  a  full  understanding  of 
his  acts.     [See  s.  3618  and  Aug.  5,  1882,  post,  sec.  429,  Navy  Depart- 
ment, p.  181,  Part  II,  and  page  96,  Part  I.] 
23  March,  1872,  s.  2,  v.  17,  p.  154. 

It  shall  also  be  the  duty  of  the  Secretary  of  the  Navy,  as  soon  as  may    5  Aug.,  1882. 

be  after  the  passage  of  this  act,  to  cause  to  be  examined  by  competent  — — 7  ^7      ; 

boards  of  officers  of  the  Navy,  to  be  designated  by  him  for  that  duty,  yeiSs"  &c 
all  vessels  belonging  to  the  Navy  not  in  actual  service  at  sea,  and  vessels  ' 

at  sea  as  soon  as  practicable  after  they  shall  return  to  the  United  Stajtes, 
and  hereafter  all  vessels  on  their  return  from  foreign  stations,  and  all 
vessels  in  the  United  States  as  often  as  once  in  three  years,  when  prac- 
ticable ;  and  said  boards  shall  ascertain  and  report  to  the  Secretary  of 
the  Navy,  in  writing,  which  of  said  vessels  are  unfit  for  further  service.     Vessels  not  fit 
or,  it  the  same  are  unfinished  in  any  navy -yard,  those  which  cannot  be  for  further  serv- 
finished  without  great  and  disproportionate  expense,  and  shall  in  such  from'reefster    '^ 
report  state  fully  the  grounds  and  reasons  for  their  opinion.     And  it  ^ 

shall  be  the  duty  of  the  Secretary  of  the  Navy,  if  he  shall  concur  in 
opinion  with  said  reporfc,  to  strike  the  name  of  such  vessel  or  vessels 
from  the  Navy  Register  and  report  the  same  to  Congress.     [See  March 
3,  1883,  VESSELS  OF  THE  NAVY,  Part  I,  p.  96.] 
5  August,  1882,  P.  E.  L.,  p.  296. 

Sec.  2.  That  it  shall  be  the  duty  of  the  Secretary  of  the  Navy,  as     5  ^^g,^  1882. 
soon  as  may  be  after  the  passage  of  this  act,  to  cause  an  account  to  be 


taken  of  the  stock  of  stores  and  supplies  pertaining  and  belonging  to  Account  of 
the  several  bureaus  of  the  Navy  Department,  in  which  account  shall  ^^^^  ^  ^®  " 
be  stated  the  original  cost  of  each  article  and  the  date  of  purchase, 
so  far  as  the  same  is  known,  and  cause  an  appraisement  of  the  present 
value  of  such  stores  and  supplies  to  be  made  and  entered  in  such  ac- 
count ;  and  said  appraised  value,  when  so  entered,  shall  hereafter  be 
the  price  at  which  they  shall  be  charged  in  accounting  with  the  sev- 
eral bureaus.  Such  appraisal  shall  be  made  by  boards  of  officers  of  Appraises, 
the  Navy  to  be  designated  by  the  Secretary ;  and  all  such  stores  and 
supplies  as  shall  be  found  by  boards  of  appraisers  to  be  unserviceable 
for  use  in  the  Navy,  shall  be  condemned  and  sold  in  the  manner  herein- 
after provided  for  the  sale  of  old  materials,  and  the  proceeds  thereof, 
after  deducting  the  cost  of  such  appraisal,  condemnation,  and  sale, 
shall  be  paid  into  the  Treasury.  And  no  old  material  of  the  Navy  shall 
hereafter  be  sold  or  exchanged  by  the  Secretary  of  the  Navy,  or  by  any 
officer  of  the  Navy,  which  can  be  profitably  used  by  reworking  or  other- 
wise in  the  construction  or  repair  of  vessels,  their  machinery,  armor, 
armament,  or  equipment ;  but  the  same  shall  be  stored  and  preserved  for 
future  use.  And  when  any  such  old  material  cannot  be  profitably  used  Saleofunprofit- 
as  aforesaid,  the  same  shall  be  appraised  and  sold  at  public  auction  after  able  articles, 
public  notice  and  advertisement  shall  have  been  given  according  to 
law  under  such  rules  and  regulations  and  in  such  manner  as  the  said 
Secretary  may  direct.  The  net  proceeds  arising  from  the  sales  of  such 
old  materials  shall  be  paid  into  the  Treasury.     It  shall  be  the  duty  of 


198  SALE    OF    PROPERTY    AND    MATERIALS. 

Eeport  to  be  the  Secretary  of  the  Navy  aunually  to  report  iu  detail  to  Congress,  in 
made  to  Con- i^jg  annual  report,  the  proceeds  of  all  sale?  of  materials,  stores,  and 
^^^^^*  supijlies,  made  under  the  lirovisions  of  this  act,  and  the  expenses  at- 

tending such  sales. 

5  August,  1882,  chap.  391,  P.  E.  L.,  p.  296. 

Title  40.  Sec.  3617.  The  gross  amount  of  all  moneys  received  from  whatever 

— — 7 — —  source  for  the  use  of  the  United  States,  except  as  otherwise  provided  in 
deoos^t^  wfth^  *^®  next  section,  shall  be  paid  by  the  officer  or  a^ent  receving  the  same 
out  deduction.  i^*o  the  Treasury,  at  as  early  a  day  as  practicable,  without  any  abate- 
ment or  deduction  on  account  of  salary,  fees,  costs,  charges,  expenses, 
or  claim  of  any  description  whatever.  '  But  nothing  herein  shall  affect 
any  provision  relating  to  the  revenues  of  the  Post-Office  Department. 
[See  Aug.  5,  1882,  ante,  and  March  3,  1883.] 

3  March,  1849,  s.  1,  v.  9,  p.  398. 
28  Sept.,  1850,  s.  3,  v.  9,  p.  507. 

Proceeds  of  Sec.  3618.  All  proceeds  of  sales  of  old  material,  condemned  stores, 
sales  of  material,  supplies,  or  other  public  property  of  any  kind,  except  the  proceeds  of 
the  sale  or  leasing  of  marine  hospitals,  or  of  the  sales  of  revenue- 
cutters,  or  of  the  sales  of  commissary  stores  to  the  officers  and  enlisted 
men  of  the  Army,  or  of  materials,  stores,  or  supplies  sold  to  officers  and 
soldiers  of  the  Army,  or  of  the  sale  of  condemned  Navy  clothing,  or  of 
sales  of  materials,  stores,  or  supplies  to  any  exploring  or  surveying  ex- 
pedition authorized  hj  law,  shall  be  deposited  and  covered  into  the 
Treasury  as  miscellaneous  receipts,  on  account  of  "proceeds  of  Gov- 
ernment property, "  and  shall  not  be  withdrawn  or  applied,  except  in 
consequenceof  a  subsequent  appropriation  made  bylaw.  [See  ^  1541, 
Aug.  5,  1882,  ante,  and  March  3,  187 b,  j^ost.] 

3  Mav,  1872,  s.  5,  v.  17,  p.  83. 
3  March,  1847.  s.  1,  v.  9,  p.  171. 
20  April,  1866,  as.  1,  2,  v.  14,  p.  40. 
28  July,  1866,  s.  25,  v.  14,  p.  336. 
8  Juue,  1872,  v.  17.  p,  337. 
22  June,  1874,  v.  18,  p.  200. 

7  Feb.,  1877,  v.  19,  p.  249. 

Penalty  for  Sec.  3619.  Every  officer  or  agent  who  neglects  or  refuses  to  comply 
with  ho  Idi  n  gijv^itli  the  provisions  of  section  thirty-six  hundred  and  seventeen  shall 
money.  -^^  subject  to  be  removed  from  office,  and  to  forfeit  to  the  United  States 

any  share  or  part  of  the  moneys  withheld,  to  which  he  might  other- 
wise be  entitled. 

18  July,  1866,  s.  40,  v.  14,  p.  187. 

Title  41.  Sec.  3672.  A  detailed  statement  of  the  proceeds  of  all  sales  of  old  ma- 

^  7       ,terial,  condemned  stores,  supplies,  or  other  public  property  of  any  kind 

process™o?  sales  ^^^ept  materials,  stores,  or  supplies  sold  to  officers  and  soldiers  of  the 

of  old  material.     Army,  or  to  exploring  or  surveying  expeditions  authorized  by  law, 

shall  be  included  in  the  appendix  to  the  book  of  estimates.     [See  § 

3692,  appropriations.] 

8  May,  1872,  s.  5,  v.  17  p.  83. 
27  Feb.,  1877,  v.  19,  p.  249. 

March  3, 1875.        That  the  Secretary  of  the  Navy  is  authorized  to  dispose  of  the  use- 

—z-.        —         -less  ordnance  material  on  hand  at  public  sale,  according  to  law,  the 

ordnance^  ^inate-  ^^^  proceeds  of  which  shall  be  turned  into  the  Treasury  ;  and  an  amount 

rial.  equal  to  the  same  is  hereby  appropriated,  to  be  applied  to  the  purpose 

of  procuring  a  supi)ly  of  material  adapted  in  manufacture  and  calibre 

to  the  present  watitsof  the  service  ;  but  there  shall  be  expended,  under 

this  provision,  not  more  than  seventy-live  thousand  dollars  iu  one  year. 

3  March,  1875,  v.  18,  p.  343. 

Notes.— The  Secretary  of  the  Navy  cannot  exchange  a  condemned  vessel  for 
anotlier.  Disposition  of  former  controlled  by  act  of  May  23,  1872. — Op.  XIV 
369,  Feb.  18,  1874,  Williams. 

For  the  mode  in  which  sales  of  condenmed  property  shall  be  conducted, 
Avhetherby  advertisement  at  public  auction  or  otherwise,  no  specific  provision 
is  made.  In  these  respects  the  sales  are  left  to  the  discretion  of  the  officer 
having  charge  of  such  old  material.  The  proceeds  must  be  «overed  into  the 
Treasury.  The  Bureau  of  Engraving  and  Printing  cannot  exchange  old 
presses  for  new  ones. — Op.  XY,  320,  Williams,  June  23,  1877. 

Inspection,  condemnation  and  public  sale,  are  necessary  to  a  valid  sale  of 
unsuitable  military  stores  under  the  act  of  March  3,  1825. — C.  C,  v.  1,  p.  85. 


STATUTES. 


199 


REVISED  STATUTES— STATUTES  AT  LARGE. 


GENERAL  PROVISIONS. 


Sec. 

1.  Definitions. 

2.  County. 

3.  Vessel. 


Sec. 

4.  Vehicle. 

5.  Company,  association. 

6.  Seal. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  Title  1,  Chap. 


of  America  in  Congress  assembled,  In  determining  the  meaning  of  the 
Revised  St<atutes,  or  of  any  act  or  resolution  of  Congress  passed  subse- 
quent to  February  twenty -fifth,  eighteen  hundred  and  seventy-one, 
words  importing  the  singular  number  may  extend  and  be  applied  to 
several  persons  or  things;  words  importing  the  plural  number  may 
include  the  singular;  words  importing  the  masculine  gender  maybe 
applied  to  females;  the  words  ^'insane  person"  and  ''lunatic"  shall 
include  every  idiot,  non-compos,  lunatic,  and  insane  person;  the  word 
*'  person  "  may  extend  and  be  applied  to  partnerships  and  corporations, 
and  the  reference  to  any  officer  shall  include  any  person  authorized  by 
law  to  perform  the  duties  of  such  office,  unless  the  context  shows  that 
such  words  were  intended  to  be  used  in  a  more  limited  sense ;  and  a 
requirement  of  an  ''oath"  shall  be  deemed  complied  with  by  making 
affirmation  in  judicial  form. 

25  Feb.,  1871.  s.  2,  v.  16.  p.  431. 
13  July,  1866,  s.  44,  v.  14,  p.  163. 

30  June,  1864,  as.  82, 126,  v.  13,  pp.  258,  287. 
20  July,  1868,  s.  104,  v.  15,  p.  166. 

Sp:c.  2.  The  word  ''county"  includes  a  parish,  or  any  other  equiva- 
lent subdivision  of  a  State  or  Territory  of  the  United  States. 

13  July,  1866,  s.  9,  v.  14,  pp.  98, 110. 

Sec.  3.  The  word  "vessel"  includes  every  description  of  water-craft 
or  other  artificial  contrivance  used,  or  capable  of  being  used,  as  a  means 
of  transportation  on  water. 

18  July,  1866,  s.  1,  v.  14,  p.  178. 
29  June,  1870,  s.  7,  v.  16,  p.  170. 

Skc.  4.  The  word  "  vehicle"  includes  every  description  of  carriage  or 
other  artificial  contrivance  used,  or  capable  of  being  used,  as  a  means 
of  transportation  on  land. 

18  July,  1866,  s.  1,  v.  14,  p.  178. 

Sec.  5.  The  word  "company"  or  "association,"  when  used  in  refer- 
ence to  a  corporation,  shall  be  deemed  to  embrace  the  words  "suc- 
cessors and  assigns  of  such  company  or  association,"  in  like  manner  as 
if  these  last-named  words,  or  words  of  similar  import,  were  expressed. 
25  July,  1866,  s.  9,  v.  14,  p.  241. 

Sec.  C.  In  all  cases  where  a  seal  is  necessary  by  law  to  any  commis- 
sion, process,  or  other  instrumetit  provided  for  by  the  laws  of  Congress, 
it  shall  be  lawful  to  affix  the  proper  seal  by  making  an  impression 
therewith  directly  on  the  paper  to  which  such  seal  is  necessary  ;  which 
shall  be  as  valid  as  if  made  on  wax  or  other  adhesive  substance. 

31  May,  1854,  s.  2,  v.  10,  p.  297. 


Definitions. 


County. 


Vessel. 


Vehicle. 


Company,  asso- 
ciation. 


Seal. 


FORM  OF   STATUTES  AND  EFFECT   OF  REPEALS. 


Sec. 

7.  Enacting  clause. 

8.  Reaolvino;  clause. 

9.  No  enacting  words  after  first  section. 
10.  Numbering  and  frame  of  sections. 


Sec. 

11.  Title  of  appropriation  acts, 

12.  Eepeal  not  to  revive  former  act. 

13.  Eepeals  not  to  affect  liabilities,  unless,  &c. 


Sec.  7.  The  enacting  clause  of  all  acts  of  Congress  hereafter  enacted  Title  1,  €hap.  2. 

shall  be  in  the  following  form :  "  Be  it  enacted  bv  the  Senate  and  House  ~ — r: : 

of  Representatives  of  the  United  States  of  America  in  Congress  assem-  ^^^"^^^^S^^^^^^Q- 
bled." 

Sec.  8.  The  resolving  clause  of  all  joint  resolutions  shall  be  in  the  Resolving  clause, 
following  form  :  "  Resolved  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled." 


200 


STATUTES. 


No 


enacting     Sec.  9.  No  enacting  or  resolving  words  shall  be  used  in  any  section 
Mct?on  ^^  ^^  ^^*  °^  resolution  of  Congress  except  in  the  first. 

Numbering  and     Sec.  10.  Each  section  shall  be  numbered,  and  shall  contain,  as  nearly 
frame  of  sections,  as  may  be,  a  single  proposition  of  enactment. 

25  Feb.,  1871,  s.  1,  v.  16,  p.  431.  J 

Title  of  appro-     Sec.  11.  The  style  and  title  of  all  acts  making  appropriations  for  th€H 
priation  acts,        support  of  Government  shall  be  as  follows :  ''An  act  making  appropria- 
tions (here  insert  the  object)  for  the  year  ending  June  thirtieth  (here 
insert  the  calendar  year.) 

26  Aug.,  1842,  s.  2,  v.  5,  p.  537. 

not  to     Sec.  12.  Whenever  an  act  is  repealed,  which  repealed  a  former  act,, 
for  m  e  r  such  former  act  shall  not  thereby  be  revived,  unless  it  shall  be  expressly 
so  provided. 

25  Feb,,  1871,  s.  3,  v.  16,  p.  432. 

Repeals  not  to  Sec.  13.  The  repeal  of  any  statute  shall  not  have  the  effect  to  release 
habilities  ^j.  extinguish  any  penalty,  forfeiture,  or  liability  incurred  under  such 
statute,  unless  the  repealing  act  shall  so  expressly  provide,  and  such 
statute  shall  be  treated  as  still  remaining  in  force  for  the  purpose  of 
sustaining  any  proper  action  or  prosecution  for  the  enforcement  of  such 
penalty,  forfeiture,  or  liability. 
Ibid,  8.  4. 


Repe 
evive 


aflect 


Title  19. 


Sec.  1777.  The  various  officers  of  the  United  States,  to  whom,  iu  vir- 

~^ ~. ;tue  of  their  offices  and  for  the  uses  thereof,  copies  of  the  United  States 

copresof  Statues  Statutes  at  Large,  published  by  Little,  Brown  and  Company,  have  been 
at  Large.  or  may  be  distributed  at  the  public  expense,  by  authority  of  law,  shall 

preserve  such  copies,  and  deliver  them  to  their  successors  respectively 
as  a  part  of  the  property  appertaining  to  the  office.  A  printed  copy  of 
this  section  shall  be  inserted  in  each  volume  of  the  Statutes  distributed 
to  any  such  officers. 

8  Aug.,  1846.  s.  1,  V.  9,  p.  75. 


LIMITATIONS. 


Sec. 

1043.  Capital  offenses. 

1044.  Offenses  not  capital, 

1045.  Fleeing  from  justice. 

1046.  Crimes  under  tiie  revenue  laws. 


1047.  Penalties  and  forfeitures  under  laws  of  the 

United  States. 

1048.  Parties  beyond  reach  of  process  during  the 

rebellion. 


Fleeing 
justice. 


Title  13,  Chap.  19.     Sec.  1043.  No  person  shall  be  prosecuted,  tried,  or  punished  fortrea 
Ca    taloff'enses  ^^^  ®^  other  capital  offense,  willful  murder  excepted,  unless  the  indict 
^^  ■  ment  is  found  within  three  years  next  after  such  treason  or  capita 

offense  is  done  or  committed. 

30  April,  1790,  s,  32,  v.  1,  p.  119. 

Offenses  not     Sec.  1044.  No  person  shall  be  prosecuted,  tried,  or  punished  for  any 
capital,  offense,  not  capital,  except  as  provided  in  section  one  thousand  and  forty- 

six,  unlessthe  indictment  is  found,  or  the  information  is  instituted  within 
three  years  next  after  such  offense  shall  have  been  committed ;  but  thi& 
act  shall  not  have  the  effect  to  authorize  the  prosecution,  trial,  or  pun- 
ishment for  any  offense,  barred  by  the  provisions  of  existing  law. 
from  Sec.  1045.  Nothing  in  the  two  preceding  sections  shall  extend  to  any 
person  fleeing  from  justice. 

Jbid. 

30  April,  1876,  v,  19,  p,  32, 

Crimes    under     Sec.  1046.  No  person  shall  be  prosecuted,  tried,  or  punished  for  any 
theTevenuelaws,  crime  arising  under  the  revenue  laws,  or  the  slave-trade  laws  of  the 
United  States,  unless  the  indictment  is  found  or  the  information  is  in- 
stituted within  five  years  next  after  the  committing  of  such  crime. 

26  March,  1804,  s,  3,  v.  2,  p.  290. 
20  April,  1818,  s.  9,  v.  3,  p.  452, 

Penalties    and     6ec.  1047.  No  suit  or  prosecution  for  any  penalty  or  forfeiture,  pecuni- 

forfeituresund^  ^ry  or  otherwise,  accruing  under  the  laws  of  the  United  States,  shall  be 

States.  maintained,  except  in  cases  where  it  is  otherwise  specially  provided, 

unless  the  same  is  commenced  within  five  years  from  the  time  when  the 

penalty  or  forfeiture  accrued :  Provided,  That  the  person  of  the  offender, 

or  the  property  liable  for  such  penalty  or  forfeiture,  shall,  within  the 


STATUTES.  201 

same  period,  be  found  within  the  United  States;  so  that  the  proper 
process  therefor  may  be  instituted  and  served  against  such  person  or 
property. 

28  Feb.,  1839,  s.  4,  v.  5,  p.  322,  20  April,  1818,  s.  9,  v.  3,  p.  452. 

2  March,  1799,  s.  89,  v.  1,  p.  095.  3  March,  1863,  s.  14,  v.  12,  p.  741. 

26  March,  1804,  s.  3,  v.  2,  p.  290.  25Ju]y,  1868,  8. 1,  v.  15,  p.  183. 

Sec.  1048.  In  all  cases  where,  during  the  late  rebellion,  any  person     Parties  beyond 
could  not,  by  reason  of  resistance  to  the  execution  of  the  laws  of  the  dming*th«rebelU 
United  States,  or  of  the  interruption  of  the  ordinary  course  of  judicial  ion. 
proceedings,  be  served  with  process  for  the  commencement  of  any  action, 
civil  or  criminal,  which  had  accrued  against  him,  the  time  during  which 
such  person  was  beyond  the  reach  of  legal  process  shall  not  be  taken 
as  any  part  of  the  time  limited  by  law  f«r  the  commencement  of  such 
action. 

11  June,  1864,  ch.  118,  v.  13,  p.  123. 

REPEAL  PROVISIONS. 

Sec.  I  Sec. 

5595.  "What  Kevised  Statutes  embrace.  [  5599.  Acts  of  limitation. 

5596.  Repeal  of  acts  embraced  in  revision.  I  5600.  Arrangement  and  classification  of  sections. 

5597.  Accrued  rights  reserved.  5601.  Acts  passed  since  December  1,  1873,  not  af- 

5598.  Prosecutions  and  punishments.  I                 fected. 

Sec.  5595.  The  foregoing  seventy-three  titles  embrace  the  statutes        Title  74. 
of  the  United  States  general  and  permanent  in  their  nature,  in  force  on     ^hat  Revised 
the  1st  day  of  December  one  thousand  eight  hundred  and  seventy- statutes    em- 
three,  as  revised  and  consolidated  by  commissioners  appointed  under  brace, 
an  act  of  Congress,  and  the  same  shall  be  designated  and  cited,  as  The 
Revised  Statutes  of  the  United  States. 

Sec.  5596.  All  acts  of  Congress  passed  prior  to  said  first  day  of  De-     Repeal  of  acts 
cember  one  thousand  eight  hundred  and  seventy-three,  any  portion  of  ^?^l''^^^^^  ^  ^^' 
which  is  embraced  in  any  section  of  said  revision,  are  hereby  repealed,  ^^^^°* 
and  the  section  applicable  thereto  shall  be  in  force  in  lieu  thereof;  all 
parts  of  such  acts  not  contained  in  such  revision,  having  been  repealed 
or  superseded  by  subsequent  acts,  or  not  being  general  and  permanent 
in  their  nature :  Provided,  That  the  incorporation  into  said  revision  of 
any  general  and  permanent  provision,  taken  from  an  act  making  appro- 
priations, or  from  an  act  containing  other  provisions  of  a  private,  local, 
or  temporary  character,  shall  not  repeal,  or  in  any  way  affect  any  appro- 
priation, or  any  provision  of  a  private,  local,  or  temporary  character, 
contained  in  any  of  said  acts,  but  the  same  shall  remain  in  force;  and 
all  acts  of  Congress  passed  prior  to  said  last-named  day  no  part  of  which 
are  embraced  Jn  said  revision,  shall  not  be  affected  or  changed  by  its 
enactment. 

Sec.  5597.  The  repeal  of  the  several  acts  embraced  in  said  revision,  Accruedrights 
shall  not  affect  any  act  done,  or  any  right  accruing  or  accrued,  or  any  reserved, 
suit  or  proceeding  had  or  commenced  in  aay  civil  cause  before  the  said 
repeal,  but  all  rights  and  liabilities  under  said  acts  shall  continue,  and 
may  be  enforced  in  the  same  manner,  as  if  said  repeal  had  not  been 
made  ;  nor  shall  said  repeal,  in  any  manner  affect  the  right  to  any  ofifice, 
or  change  the  term  or  tenure  thereof. 

Sec.  5598.  All  offenses  committed,  and  all  penalties  or  forfeitures  in-     Prosecution  a 
curred  under  any  statute  embraced  in  said  revision  prior  to  said  repeal,  *°^    punish- 
may  be  prosecuted  and  punished  in  the  same  manner  and  wiih  the  same  ^^^  ^' 
effect,  as  if  said  repeal  had  not  been  made. 

Sec.  5599  All  acts  of  limitation,  whether  applicable  to  civil  causes  Acts  of  limita- 
and  proceedings,  or  to  the  prosecution  of  offenses,  or  for  the  recovery  *ion. 
of  penalties  or  forfeitures,  embraced  in  said  revision  and  covered  by 
said  repeal,  shall  not  be  affected  thereby,  but  all  suits,  proceedings  or 
prosecutions,  whether  civil  or  criminal,  for  causes  arising,  or  acts  done 
or  committed  prior  to  said  repeal,  may  be  commenced  and  prosecuted 
within  the  same  time  as  if  said  repeal  had  not  been  made. 

Sec.  5600.  The  arrangement  and  classification  of  the  several  sections     Arrangement 
of  the  revision  have  been  made  for  the  purpose  of  a  more  convenient  of  sectlons.*^^ 
and  orderly  arrangement  of  the  same,  and  therefore  no  inference  or 
presumption  of  a  legislative  construction  is  to  be  drawn  by  reason  of 
the  Title,  under  which  any  particular  section  is  placed. 

Sec.  5601.  The  enactment  of  the  said  revision  is  not  to  affect  or  repeal   .  Acts  pa  s  s  e  d 
any  act  of  Congress  passed  since  the  Ist  day  of  December,  one  thousand  f  ^§73  not  affect^, 
eight  hundred  and  seventy-three,  and  all  acts  passed  sihce  that  date  are  ^d. 
to  have  full  effect  as  if  passed  after  the  enactment  of  this  revision,  and 


202  STATUTES. 


so  far  as  such  acts  vary  from,  or  conflict  witli  any  provision  contained 
in  said  revision,  they  are. to  have  effect  as  subsequent  statutes,  and  as 
repealing  any  portion  of  the  revision  inconsistent  therewith. 
22  June,  1874. 

PRINTING  AND  PROMULGATION  OF   LAWS. 

Titles.  Sec.  204.  Whenever  a  bill,  order,  resolution  or  vote  of  the  Senate 

"  Promul  t^ —  ^^^  House  of  Representatives,  having  been  approved  by  the  President, 
of  laws."  ^^  ^^^  ^^  ^®*  having  been  returned  by  him  with  his  objections,  becomes  a  law 
or  takes  effect,  it  shall  forthwith  be  received  by  the  Secretary  of  State 
from  the  President ;  and  whenever  a  bill,  order,  resolution,  or  vote  is 
returned  by  the  President  with  his  objections,  and,  on  being  recon- 
sidered, is  agreed  to  be  passed,  and  is  approved  by  two-thirds  of  both 
Houses  of  Congress,  and  thereby  becomes  a  law  or  takes  effect,  it  shall 
be  received  by  the  Secrstary  of  State  from  the  President  of  the  Senate, 
or  Speaker  of  the  House  of  Representatives  in  whichsoever  House  it 
shall  last  have  been  so  approved,  and  he  shall  carefully  preserve  the 
originals. 

15  Sept,  1789,  s.  2,  v.  1.  p.  68. 
7  Julv,  1838,  V.  5,  p.  302. 
28  Dec,  1874.  cli.  9,  v.  18,  p.  294. 

20 Jnne,  1874.        That  the  Secretary  of   State  is  hereby  charged  with  the  duty  of 
Preparation  of  ^^^.^^°^  *^  ^®  P^^P*^^*^  ^^-'' P^'^^^^^Sj  P^ib^^*2^tio"  ^^fl  distribution  the 
Kevised  Statutes  revised  statutes  of  the  United  States  enacted  at  this  i^resent  session  of 
for  printing, &c.  Congress;  that  he  shall  cause  to  be  completed  the  head  notes  of  the 
several  titles  and  chapters  and  the  marginal  notes  referring  to  the  stat- 
utes from  which  each  section  was  compiled  and  repealed  by  said  revis- 
ion ;  and  references  to  the  decisions  of  the  courts  of  the  United  States 
explaining  or  expounding  the  same,  and  such  decisions  of  State  courts 
as  he  may  deem  expedient,  with  a  full  and  complete  index  to  the  same, 
by  Secretarv°of '^^^^.^^^^^  *^®  ^^^^  ®^^^^  ^^  completed,  the  said  Secretary  shall  duly 
State;   printed  certify  the  same  under  the  seal  of  the  Department  of  State,  and  when 
copies  to  be  evi-  printed  and  promulgated  as  hereinafter  provided,  the  printed  volumes 
^®59®-      „       .    shall  be  legal  evidence  of  the  laws  and  treaties  therein  contained,  in 
ion  ^^^^^'  ^^1  *^®  courts  of  the  United  States,  and  of  the  several  States  and  Terri- 

tories. 

20  June,  1874,  8.  2.  v.  18,  p.  113. 
28  Dec,  1874,  s.  1,  v.  18,  p.  283. 

•n?^r^^?h  ^ir*'     Tliat  the  revision  of  the  statutes  of  a  general  and  permanent  nature, 
tmt.  ^  with  the  index  thereto,  shall  be  printed  in  one  volume,  and  shall  be 

entitled  and  labeled  ''Revised  Statutes  of  the  United  States";  and  the 
revision  of  the  statutes  relating  to  the  District  of  ('olumbia;  to  post 
roads,  and  the  public  treaties  in  force  on  the  first  day  of  December,  one 
thousand  eight  hundred  and  seventy-three,  with  a  suitable  index  to 
each,  shall  be  published  in  a  separate  volume,  and  entitled  and  labeled 
''Revised  Statutes  relating  to  District  of  Columbia  and  Post-Roads. 
Public  Treaties." 

20  June,  1874,  s.  3,  v.  18,  p.  113. 
■"^'d  ^&  ^*®'^®°*     That  the  Secretary  of  State  shall  cause  the  two  volumes  to  be  stereo- 
_iistribution*«^'P^^'^  ^^^^  snch  number  of  each  volume  to  be  printed  and  substantially 
and  sale.  bound  at  the  Government  Printing  Office  as  he  may  deem  needful,  for 

public  distribution  as  hereinafter  provided,  and  for  sale  by  his  office. 
Idem,  s.  4. 

[The  statutes  of  the  United  States  are  edited,  printed,  stereotyped 
and  distributed,  in  accordance  with  law,  under  the  direction  of  the 
Secretary  of  State.  They  are  sold  at  the  cost  of  the  paper,  press  work 
and  binding  with  ten  per  cent,  added  thereto,  to  any  person  applying 
for  the  same. 

Under  section  8  of  the  act  of  Congress  approved  June  20, 1874,  vol. 
18,  p.  11.3,  the  printed  copies  of  the  acts  of  Congress,  as  edited  and  printed 
and  issued  under  the  direction  of  the  Secretary  of  State,  are  "legal 
evidence  of  the  laws  and  treaties  therein  contained,  in  all  the  courts 
of  the  United  States  and  of  the  several  States  therein." 

The  6th  section  of  the  act  of  Congress  approved  June  20,'  1874,  pro- 
vides for  the  distribution  to  the  Navy  Department,  including  those  for 
the  use  of  the  officers  of  the  Navy,  of  one  hundred  copies  of  the  pamphlet 
edition  of  the  acts  and  resolves  of  Congress  at  the  close  of  each  session ; 
and  the  7th  section  of  the  same  act  provides  for  distribution  of  the 


II 


*^£' 


STATUTES.  203 

bound  copies  of  the  Statutes  at  Large  for  each  Congress  as  follows : 
^'To  the  Navy  Department,  including  a  copy  for  the  library  at  the 
Naval  Academy  at  Annapolis,  a  copy  for  the  library  of  each  navy-yard 
in  the  United  States,  a  copy  for  the  library  of  the  Brooklyn  Naval 
Lyceum,  and  a  copy  for  the  library  of  the  Naval  Institute  at  Charles- 
town,  Mass.,  sixty-five  copies."    *     *     * 

Joint  Resolution  No.  22,  approved  May  22, 1878,  v.  20,  p.  251,  provided 
for  the  distribution  of  the  2d  edition  of  the  Revised  Statutes  recently 
printed:  To  the  **Navy  Department,  including  three  copies  for  the  li- 
brary of  the  Naval  Academy  at  Annapolis,  a  copy  for  the  library  of  each 
navy -yard  in  the  United  States,  a  copy  for  the  Brooklyn  Naval  Lyceum, 
<'ind  a  copy  for  the  library  of  the  Naval  Institute  at  Charlestown,  Mass., 
seventy  copies." 

Joint  Resolution  No.  44,  approved  June  7,  1880,  V.  21,  p.  308,  provides 
for  the  publication,  sale,  and  distribution  of  a  "  supplement  to  the 
Revised  Statutes."  This  supj>lement  is  *'to  be  taken  to  be  prima  facie 
evidence  of  the  laws  therein  contained  in  all  the  courts  of  the  United 
States  and  of  the  several  States  and  Territories  therein;  but  shall  not 
preclude  reference  to,  nor  control,  in  case  of  any  discrepancy,  the  effect 
of  any  original  act  as  passed  by  Congress;  Provided,  That  nothing 
herein  contained  shall  be  construed  to  change  or  alter  any  existing  law." 

The  acts  approved  March  2,  1877,  chap.  82,  s.  4,  v.  "^19,  p.  268,  and 
March  9,  1878,  chap.  26,  v.  20,  p.  27,  provide  that  after  the  2d  edition 
of  the  Revised  Statutes  is  certified  to  under  the  seal  of  the  Secretary  of 
State  and  when  printed  and  promulgated  ''shall  be  legal  evidence  of 
the  laws  therein  contained,  in  all  the  courts  of  the  United  States,  and 
of  the  several  States  and  Territories,  but  shall  not  preclude  reference  to, 
nor  control,  in  case  of  any  discrepancy,  the  effect  of  any  original  act  as 
passed  by  Congress  since  the  first  day  of  December,  eighteen  hundred 
and  seventy-three."] 

Notes. — Whenever  a  power  is  given  by  a  statute  everything  necessary  to  the 
making  of  it  eftectual  or  requisite  to  attain  the  end  is  implied.  (1  Kent's  Com., 
464. )— Quoted  in  Op.  XV,  p;  213. 

"Where  power  is  given  by  a  statute  to  public  officers  in  permissive  language, 
as  they  "may  if  deemed  advisable"'  do  a  certain  thing,  the  language  used  will 
be  regarded  as  peremptory  when  the  public  interests  or  individual  rights  re- 
quire that  it  should  be.— Wallace,  S.  C,  TV,  p.  709. 

Where  a  statute  imposes  a  particular  duty  on  an  executive  officer  and  he  has 
acted  (performing  the  duty  to  his  understanding  of  the  statute)  there  is  no  ap- 
peal from  his  action  to  the  President  or  to  any  other  executive  officer,  unless 
such  appeal  is  provided  for  by  law.— Op.  XVI,  317,  Devens,  May  2,  1879. 

When  the  intent  and  meaning  of  a  statute  is  expressly  declared  by  a  provision 
therein,  to  carry  out  that  intent  all  other  parts  of  the  act  must  yield.    A  proviso      * 
in  an  act  "repugnant  to  the  purview  thereof  is  not  void,  but  stands  as  the  last 
expression  of  the  legislative  will."— Op.  XV,  p.  74.    Quotes  Farmers'  Bank'ra. 
Hale,  59,  N.  Y.,  53. 

A  general  repealing  clause,  such  as  is  often  introduced  at  the  close  of  enact- 
ments, may  make  the  legislative  intent  clearer,  but  it  is  not  necessary  to  give 
effect  to  the  legislation  otherwise  expressed. — C.  C,  XX,  323.    Fisher's  case. 

A  later  statute,  in  the  affirmative  and  general,  does  not  take  away  a  former 
act  which  is  particular  and  special.  Sundry  cases  cited.— Op.  VI,  p.  45,  Gushing. 

An  earlier  taw  is  never  to  be  taken  as  repealed  by  a  later,  without  words  to 
that  ett'ect,  unless  they  be  so  inconsistent  that  both  cannot  stand  together.— 
Op.  IX,  p.  48,  Black.  The  earlier  is  never  abrogated  by  the  later  unless  the 
two  are  so  flatly  repugnant  that  they  cannot  possibly  stand  together.  Any 
reasonable  interpretation  is  to  be  adopted  which  may  be  necessary  to  prevent 
one  from  interfering  with  the  other. — Idem,  p.  122. 

Xo  statute,  however  positive  in  terms,  is  to  be  construed  as  designed  to  in- 
terfere with  existing  rights  of  action  or  vested  rights  unless  the  intention  that 
it  should  so  operate  is  expressly  declared  or  necessarily  implied.— C.  C,  IX,  p. 
106,  S.C,  Wallace,  XX,  p.  179.  '       -  i- 

A  statute  may  not  be  repealed,  vet  its  subject-matter  may  expire  and  the  act 
become  inoperative.— C.  C,  III,  152,  Wallace,  62. 

In  all  statute  law,  the  particular  provision,  especially  whenever  subsequent, 
restrains  and  modifies  the  general.— Op.  IV,  p.  182. 

In  construing  statutes  aid  may  be  derived  from  attention  to  the  state  of  things 
as  it  appeared  to  the  legislature  when  the  statute  was  enacted.— S.  C,  Otto,  99, 
p.  48.  '.         '      ' 

The  principle  is  well  settled  that  statutes  are  to  be  construed  as  operative 
prospectively  only,  unless  their  language  clearly  and  imperativelv  demands  that 
retrospective  effect  shall  be  given  them.— Op.  XV,  p.  222,259.  "^A  retroactive 
effect,  especially  when  it  would  be  a  violation  of  contracts,  is  not  to  be  given  to 
the  words  of  a  statute  unless  they  are  too  express  to  admit  of  any  other  inter- 
pretation.— Op.  IV,  p.  141. 

No  effect  can  be  given  by  the  judiciary  to  an  act  of  Congress  which  seeks  to 
declare  retrospectively  the  legal  effect  to  be  given  to  other  statutes.— C.  C,  VII, 
109,  Wallace,  Vni,  330. 

Every  law  is  presumed  to  be  prospective  in  its  operation  unles  the  contrary 
<5le^rly  appears.— Op.  XV,  183. 


PA.RT    IV 


MISCELLANEOUS. 


Bribes,  presents,  and  contributions. 

Bounty  and  bounty  land. 

Coast  Survey. 

Collisions — Rules  of  the  sea. 

Diplomatic  and  consular  officers. 

Expatriation. 

Extradition. 

Eish  Commission. 

Elags  and  standards. 

Fraud,  forgery,  and  theft. 

Guano  islands. 

Habeas  corpus. 

Homesteads. 

Importation. 

Life-Saving  Service. 

Lights  and  buoys. 

Merchant  vessels  and  service,  and  yachts. 


Murder,  mutiny,  &c. 

]S"aturalization ;  citizenship. 

Neutrality ;  alien  enemies. 

Patents. 

Pensions. 

Pension  funds. 

Perjury. 

Piracy. 

Pilotage. 

Postal  laws,  &c. 

Prize  and  salvage. 

Quarantine  and  Board  of  Health. 

Baih'oads  and  telegraphs. 

Reserved  timber  lands. 

Revenue-Cutter  Service. 

Slave  and  cooly  trade ;  kidnapping. 

Treason,  conspiracy,  insurrection,  and  rebellion. 


205 


I 


BRIBES,  CONTRIBUTIONS,  PRESENTS,  ETC. 


Sec. 
1546. 

1781. 

1782. 

1784. 
5450. 


Contributions  for  political  purposes. 
Prohibition  on  taking,  (fcc,  by  Government 

officers. 
Taking  compensation  in  matters  to  which 

the  United  States  is  a  party. 
Presents  to  superiors. 
Bribery  of  member  of  Congress. 


Sec. 

5451.  Bribery  of  Government  officers. 

5498.  Interest  in  claims,  &c. 

5500.  Member  of  Congress  accepting  bribe,  &c. 

5501.  United  States  officer  accepting  bribe,  <fec. 

5502.  Forfeiture  of  office. 

.  Soliciting  and  receiving  contributions  for 

political  purposes. 


Sec.  1546.  No  officer  or  employ^  of  tlie  Grovernment  shall  require  or  Title  15,  Chap.  6. 
request  any  workingman  in  any  navy-yard  to  contribute  or  pay  any     contributions 
money  for  political  purposes,  nor  shall  any  workingman  be  removed  or  for  political  pur 
discharged  for  political  opinion ;  and  any  officer  or  employe  of  the  Gov-  poses, 
ernment  who  shall  offend  against  the  provisions  of  this  section  shall 
be  dismissed  from  the  service  of  the  United  States.    [See  acts  Aug.  15, 
1876,  and  Jan.  16,  1863,  po8t.;\ 

2  March,  1867,  s.  3,  v.  14,  p.  492. 

Sec.  1781.  Every  member  of  Congress  or  any  officer  or  agent  of  the        Title  1». 
Government  who,  directly  or  indirectly,  takes,  receives,  or  agrees  to  ~~^     ,  .,  .    . 
receive,  any  money,  property,  or  other  valuable  consideration  whatever,  upon^taking  con^ 
from  any  person  for  procuring,  or  aiding  to  procure,  any  contract,  sider.at ion  for. 
office,  or  place,  from  the  Government,  or  any  Department  thereof,  or  P^^^'iring    con- 
from  any  officer  of  the  United  States,  for  any  person  whatever,  or  for^^*^*^-**™^®^-*^- 
giving  any  such  contract,  office,  or  place  to  any  person  whomsoever, 
and  every  person  who,  directly  or  indirectly,  offers  or  agrees  to  give, 
or  gives,  or  bestows  any  money,  property,  ot  other  valuable  considera- 
tion whatever,  for  the  procuring  or  aiding  to  procure  any  such  con- 
tract, office,  or  place,  and  every  member  of  Congress  who,  directly  or 
indirectly,  takes,  receives,  or  agrees  to  receive  any  money,  property,  or 
other  valuable  consideration  whatever  after  his  election  as  such  member, 
for  his  attention  to,  services,  action,  vote,  or  decision  on  any  question, 
matter,  cause,  or  proceeding  which  may  then  be  pending,  or  may  by 
law  or  under  the  Constitution  be  brought  before  him  in  his  official 
capacity,  or  in  his  place  as  such  member  of  Congress,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  imprisoned  not  more  than  two 
years  and  fined  not  more  than  ten  thousand  dollars.     And  any  such 
contract  or  agreement  may,  at  the  option  of  the  President,  be  declared 
absolutely  null  and  void;  and  any  member  of  Congress  or  officer  con- 
victed of  a  violation  of  this  section,  shall,  moreover,  be  disqualified  from 
holding  any  office  of  honor,  profit,  or  trust  under  the  Government  of  the 
United  States. 


16  July,  1862,  v. 
25  Feb.,  1863,  v. 


12,  p. 
12,  p.  e 


577. 


KOTE.— Sections  1781  and  1782  make  it  illegal  for  an  officer  of  the  United  State* 
to  have  that  sort  of  connection  with  a  Government  contract  which  an  agent,  at- 
torney, or  solicitor  assumes  when  he  procures  or  aids  to  procure  such  contract 
for  another,  and  when  he  prosecutes  for  another  against  the  Government  any 
claim  founded  upon  a  Government  contract.  They  forbid  also,  the  receiving  by 
officers,  for  such  services,  any  compensation,  including  that  of  an  interest  in 
the  contract.— Op.  XIV,  483,  Oct.  29,  1874,  Williams. 

Sec.  1782.  No  Senator,  Representative,  or  Delegate,  after  his  election  Upon  taking 
and  during  his  continuance  in  office,  and  no  head  of  a  Department,  or  compensation  in 
other  officer  or  clerk  in  the  employ  of  the  Government,  shall  receive  or  ™**J®^^^^  Y^*'.^ 
agree  to  receive  any  compensation  whatever,  directly  or  indirectly,  for  aplrty.  ^* 

any  services  rendered,  or  to  be  rendered,  to  any  person,  either  b^' him- 
self or  another,  in  relation  to  any  proceeding,  contract,  claim,  contro- 
versy, charge,  accusation,  arrest,  or  other  matter  or  thing  in  which  the 
United  States  is  a  party,  or  directly  or  indirectly  interested,  before 
any  Department,  court-martial,  Bureau,  officer,  or  any  civil,  military, 
or  naval  commission  whatever.  Every  person  offending  against  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  imprisoned 
not  more  than  two  years,  and  fined  not  more  than  ten  thousand  dollars, 

207 


208  BRIBES,    CONTRIBUTIONS,    PRESENTS,    ETC. 


I 


and  shall,  moreover,  by  conviction  therefor,  be  rendered  forever  there- 
after incapable  of  holding  any  office  of  honor,  trust,  or  profit  under  the 
Government  of  the  United  States.  [See  sections  3739  to  3742,  Part  I, 
p.  29.] 

11  June,  1864,  v.  13,  p.  123. 
Prohibition  of     Sec.  1784.  No  officer,  clerk,  or  employ^  in  the  United  States  Govern- 
presents   &c?^to  °^^^*  employ  shall  at  any  time  solicit  contributions  from  other  officers, 
superiors.       '      clerks,  or  employes  in  the  Government  service  for  a  gift  or  present  to 
those  in  a  superior  official  position ;  nor  shall  any  such  officials  or  cler- 
ical superiors  receive  any  gift  or  present  oflfered  or  presented  to  them 
as  a  contribution  from  persons  in  Government  employ  receiving  a  less 
salary  than  themselves;  nor  shall  any  officer  or  clerk  make  any  dona- 
tion as  a  gift  or  present  to  any  official  superior.     Every  person  who 
violates  this  section  shall  be  summarily  discharged  from  the  Govern- 
ment employ. 

1  Feb.,  1870,  v.  16,  p.  63. 
Title  70,  Chap.  5.     Sec.  5450.  Every  person  who  promises,  offers,  gives,  or  causes  or  pro- 
Bribery   of*^^^^®^  *®  ^^  promised,  offered  or  given,  any  money  or  other  thing  of 
member  of  Com  value,  or  makes  or  tenders  any  contract,  undertaking,  obligation ,  gratu- 
firess.  ity,  or  security  for  the  payment  of  money,  or  for  the  delivery  or  con- 

veyance of  anything  of  value,  to  any  member  of  either  House  of  Con- 
gress, either  before  or  after  such  member  has  been  qualified  or  has  taken 
his  seat,  with  intent  to  influence  his  vote  or  decision  on  any  question, 
matter,  cause,  or  proceeding  which  may  be  at  any  time  pending  in 
either  House  of  Congress,  or  before  any  committee  thereof,  shall  be 
fined  not  more  than  three  times  the  amount  of  money  or  value  of  the 
thing  so  offered,  promised,  given,  made  or  tendered,  or  caused  or  pro- 
cured to  be  so  offered,  promised,  given,  made,  or  tendered,  and  shall 
be,  moreover,  imprisoned  not  more  than  three  years. 
26  Feb.,  1353,  s.  6,  v.  10,  p.  171. 

Bribery  of  any  Sec.  5451.  Every  person  who  promises,  offers,  or  gives,  or  causes  or 
T]^  ited  States  procures  to  be  promised,  offered,  or  given,  any  money  or  other  thing  of 
•o    cers.  value,  or  makes  or  tenders  any  contract,  undertaking,  obligation,  gra- 

tuity, or  security  for  the  payment  of  money,  or  for  the  delivery  or  con- 
veyance of  anything  of  value,  to  any  officer  of  the  United  States,  or  t6 
any  person  acting  for  or  on  behalf  of  the  United  States  in  any  official 
function,  under  or  by  authority  of  any  department  or  office  of  the  Gov- 
ernment thereof,  or  to  any  officer  or  person  acting  for  or  on  behalf  of 
either  House  of  Congress,  or  of  any  committee  of  either  House,  or  both 
Houses  thereof,  with  intent  to  influence  his  decision  or  action  on  any 
question,  matter,  cause,  or  proceeding  which  may  at  any  time  be  pend- 
ing, or  which  may  by  law  be  brought  before  him  in  his  official  capacity, 
or  in  his  place  of  trust  or  profit,  or  with  intent  to  influence  him  to  com- 
mit or  aid  in  committing,  or  to  collude  in,  or  allow,  any  fraud,  or  make 
opportunity  for  the  commission  of  any  fraud,  on  the  United  States,  or 
to  induce  him  to  do  or  omit  to  do  any  act  in  violation  of  his  lawful  duty, 
shall  be  punished  as  prescribed  in  the  preceding  section. 

13  July,  1866,  s.  62,  v.  14,  p.  168. 
18  July,  1866,  s.  35,  v.  14,  p.  186. 
3  March,  1863,  s.  6,  v.  12,  p.  740. 

Tltle70,Chap.6.     Sec.  5498.  Every  officer  of  the  United  States,  or  person  holding  any 
Officers  &c.  in-  P^^^^  ^^  trust  or  profit,  or  discharging  any  official  function  under,  or  in 
tereste'd     in  connection  with,  any  Executive  Department  of  the  Government  of  the 
claims.  United  States,  or  under  the  Senate  or  House  of  Representatives  of  the 

United  States,  who  acts  as  an  agent  or  attorney  for  prosecuting  any 
claim  against  the  United  States,  or  in  any  manner,  or  by  any  means, 
otherwise  than  in  discharge  of  his  proper  official  duties,  aids  or  assists 
in  the  prosecution  or  support  of  any  such  claim,  or  receives  any  gra- 
tuity, or  any  share  of  or  interest  in  any  claim  from  any  claimant  against 
the  United  States,  with  intent  to  aid  or  assist,  or  in  consideration  of 
having  aided  or  assisted,  in  the  prosecution  of  such  claim,  shall  pay  a 
fine  of  not  more  than  five  thousand  dollars,  or  suffer  imprisonment  not 
more  than  one  year,  or  both. 

26  Feb.,  1853,  s.  2,  v.  10,  p.  170. 

Member  of  Sec.  5500.  Any  member  of  either  House  of  Congress  who  asks,  accepts, 
Congress  accept-  or  receives  any  money,  or  any  promise,  contract,  undertaking,  obliga- 
ing    ri  e,    c.       ^^^^^^  gratuity,  or  security  for  the  payment  of  money,  or  for  the  delivery 


BRIBES,    CONTRIBUTIONS,    PRESENTS,    ETC.  209 

or  conveyancG  of  anything  .of  value,  either  before  or  after  he  has  been 
qnaliiied  or  has  taken  his  seat  as  such  member,  with  intent  to  have  his 
vote  or  decision  on  any  question,  matter,  cause,  or  proceedinj^  which 
may  be  at  any  time  pending  in  either  house,  or  before  any  committee 
thereof,  influenced  thereby,  shall  bo  punished  by  a  fine  not  more  than 
three  times  the  amount  asked,  accepted,  or  received,  and  by  imprison- 
ment not  more  than  three  years.     [See  $  5450.] 
26  Feb.,  1853,  s.  6,  v.  10,  p.  171. 
Sec.  5501.  Every  officer  of  the  United  States,  and  every  person  act-     United    States 
ing  for  or  on  behalf  of  the  United  States,  in  any  official  capacity  under  J^bT"  Ic^^^*'"'^ 
or  by  virtue  of  the  authority  of  any  department  or  office  of  the  Govern-  ' 

ment  thereof;  and  every  officer  or  person  acting  for  or  on  behalf  of 
citlier  House  of  Congress,  or  of  any  committee  of  either  House,  or  of 
both  Houses  thereof,  who  asks,  accepts,  or  receives  any  money,  or  any 
contract,  promise,  undertaking,  obligation,  gratuity,  or  security  for  the 
]»ayment  of  money,  or  for  the  delivery  or  conveyance  of  anything  of 
value,  with  intent  to  have  his  decision  or  action  on  any  question,  mat- 
ter, cause,  or  proceeding  which  may,  at  any  time,  be  pending,  or  which 
may  be  by  law  brought  before  him  in  his  official  capacity,  or  in  his  * 
l^lace  of  trust  or  profit,  influenced  thereby,  shall  be  punished  as  pre- 
scribed in  the  preceding  section.     [See  $  5498,  under  Claims.] 

13  July,  1866,  s.  62,  v.  14,  p.  168. 
18  July,  1866,  s.  35,  v.  14,  p.  186. 
3  March,  1863,  a.  6,  v.  12,  p.  740. 

Sec.  5502.  Every  member,  officer,  or  person,  convicted  under  the  pro-     Forfeiture  of. 
visions  of  the  two  preceding  sections,  who  holds  any  place  of  profit  or 
trust,  shall  forfeit  his  office  or  place ;  and  shall  thereafter  be  forever 
disqualified  from  holding  any  office  of  honor,  trust,  or  profit  under  the 
United  States. 

26  Feb.,  1853,  s.  6,  v.  10,  p.  171. 

That  all  executive  officers  or  employees  of  the  United  States  not  ap-     ^^?- 15, 1876. 
pointed  by  the  President,  with  the  advice  and  consent  of  the  Senate,     Contributio  n  s 
;ue  prohibited  from  requesting,  giving  to,  or  receiving  from,  any  other  for  political  pur- 
officer  or  employee  of  the  Government,  any  money  or  property  or  other  poses  forbidden, 
thing  of  value  for  political  purposes ;  and  any  such  officer  or  employee 
who  shall  offend  against  the  provisions  of  this  section  shall  be  at  once 
discharged  from  the  service  of  the  United  States  ;  and  he  shall  also  be 
deemed  guilty  of  a  misdemeaaor,  and  on  conviction  thereof  shall  be 
fined  in  a  sum  not  exceeding  five  hundred  dollars. 

15  Aug.,  1876,  chap.  287,  a.  6,  v.  19,  p.  143. 

No  Senator,  or  Representative,  or  Territorial  Delegate  of  the  Congress,     16  Jan.,  1883. 
or  Senator,  Representative,  or  Delegate  elect,  or  any  officer  or  employee     7  7 

of  either  of  said  houses,  and  no  executive,  judicial,  milit,g,ry,  or  naval  &c.  ^for  pSiti^al 
officer  of  the  United  States,  and  no  clerk  or  employee  of  any  department,  purposes  forbid- 
branch,  or  bureau  of  the  executive,  judicial,  or  military  or  naval  ser-  den. 
vice  of  the  United  States,  shall,  directly  or  indirectly,  solicit  or  receive, 
or  be  in  any  manner  concerned  insoliciting  or  receiving,  any  assessment, 
subscription,  or  contribution  for  any  political  purpose  whatever,  from 
any  officer,  clerk,  or  employee  of  the  United  States,  or  any  depart- 
ment,  branch,  or  bureau  thereof,   or  from  any  person  receiving  any 
salary  or  compensation  from  moneys  derived  from  the  Treasury  of  the 
United  States. 

16  Jan..  1883,  chap.  27,  8. 11,  P.  E.  L.,  p.  406. 

No  person  shall,  in  any  room  or  building  occupied  in  the  discharge  of 
officialdutiesby  any  officer  or  employee  of  the  United  States  mentioned 
in  this  act,  or  in  any  navy-yard,  fort,  or  arsenal,  solicit  in  any  manner 
whatever,  or  receive  any  contribution  of  money  or  any  other  thing  of 
value  for  any  political  purpose  whatever. 
Ibid.,  8. 12. 

No  officer  or  employee  of  the  United  States  mentioned  in  this  act  shall 
discharge,  or  promote,  or  degrade,  or  in  manner  change  the  official  rank 
or  compensation  of  any  other  officer  or  employee,  or  promise  or  threaten  so 
to  do,  for  giving  or  withholding  or  neglecting  to  make  any  contribution 
of  money  or  other  valuable  thing  for  any  political  purpose. 
Ibid.,  8. 13. 
No  officer,  clerk,  or  other  person  in  the  service  of  the  United  States 
11181 14 


210 


BOUNTY-LANDS BOUNTY,    ETC. 


sliall,  directly  or  indirectly,  give  or  hand  over  to  any  other  officer, 
clerk,  or  person  in  the  service  of  the  United  States,  or  to  any  Senator 
or  Member  of  th&  House  of  Representatives,  or  Territorial  Delegate,  any 
money  or  other  valuable  thing  on  account  of  or  to  be  applied  to  the  pro- 
motion of  any  political  object  whatever. 
Ibid.,  8.  14. 

Any  person  who  shall  be  guilty  of  violating  any  provision  of  the  four 
foregoing  sections  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall, 
on  conviction  thereof,  be  punished  by  a  line  not  exceeding  five  thou- 
sand dollars,  or  by  imprisonment  for  a  term  not  exceeding  three  years, 
or  by  such  fine  and  imprisonment  both,  in  the  discretion  of  the  court. 
Ibid.,  8. 15. 

[Presents  from  Foreign  Governments.  See  Part  I,  p.  21.] 

[See  also  June  14,  1874.     Diplomatic  officers.] 


BOUNTY-LANDS— BOUNTY,  ETC. 


See. 

2418.  Bounty-lands  for  soldiers  in  certain  wars. 

2419.  Certain  classes  of  persons  in  the  Mexican 

war,  tbeir  widows,  &c.,  entitled  to  forty 
acres.  < 

2420.  Militia  and  volunteers  in  service  since  1812. 

2421.  Persons  entitled  under  preceding  sections. 

2422.  Period  of  captivity  added  to  actual  service. 

2423.  "Warrant  and  patent,  to  issue  when. 

2424.  "Widows  of  persons  entitled. 

2425.  Additional  bounty-lands,  &c. 

2426.  Classes  under  last  section  specified. 


Sec. 

2427.  What  classes  of  persons  entitled  under  section 

2425,  without  regard  to  length  of  service. 

2428.  Widows  and  children  of  persons  entitled 

under  section  2425. 
2433.  Allowance  of  time  of  service  for  distance 

from  home  to  place  of  muster  or  discharge. 
2438.  Deserters  not  entitled  to  bounty-land. 
4635.  Bounty  for  destruction  of  vessels. 
4723.  Bounty  to  colored  soldiers. 
Bounty  to  sailors  and  marines. 


bounty-lands. 


Title32,Chap.lO.  Sec.  2418.  Each  of  the  surviving,  or  the  widow  or  minor  children  of 
Bounty-lands  ^^^ceased  commissioned  and  non-commissioned  officers,  musicians,  or 

for    soldiers    in  privates,  whether  of  regulars,  volunteers,  rangers,  or  militia,  who  per-  . 

certain  wars.  formed  military  service  in  any  regiment,  com-panj,  or  detachment,  in 
the  service  of  the  United  States,  in  the  war  with  Great  Britain,  de- 
clared on  the  eighteenth  day  of  June,  eighteen  hundred  and  twelve,  or 
in  any  of  the  Indian  wars  since  seventeen  hundred  and  ninety,  and 
prior  to  the  third  of  March,  eighteen  hundred  and  fifty,  and  each  of  the 
commissioned  officers  who  was  engaged  in  the  military  service  of  the 
United  States  in  the  war  with  Mexico,  shall  be  entitled  to  lands  as  fol- 
lows: Those  who  engaged  to  serve  twelve  months  or  during  the  war, 
and  actually  served  nine  months,  shall  receive  one  hundred  and  sixty 
acres,  and  tlftse  who  engaged  to  serve  six  months,  and  actually  served 
four  months,  sliall  receive  eighty  acres,  and  those  who  engaged  to  serve 
for  any  or  an  indefinite  period,  and  actually  served  one  month,  shall 
receive  forty  acres ;  but  wherever  any  officer  or  soldier  was  honorably 
discharged  in  consequence  of  disability  contracted  in  the  service,  be- 
fore the  expiration  of  his  period  of  service,  he  shall  receive  the  amount 
to  which  he  would  have  been  entitled  if  he  had  served  the  full  period 
for  which  he  had  engaged  to  serve.  All  the  persons  enumerated  in  this 
section  who  enlisted  in  the  Regular  Army,  or  were  mustered  in  any 
volunteer  company  for  a  period  of  not  less  than  twelve  months,  and 
who  served  in  the  war  with  Mexico  and  received  an  honorable  discharge, 
or  who  were  killed  or  died  of  wounds  received  or  sickness  incurred 
in  the  course  of  such  service,  or  were  discharged  before  the  expiration 
of  the  term  of  service  in  consequence  of  wounds  received  or  sickness 
incurred  in  the  course  of  such  service,  shall  be  entitled  to  receive  a  cer- 
tificate or  warrant  for  one  hundred  and  sixty  acrelof  land ;  or  at  option 
Treasury  scrip  for  one  hundred  dollars  bearing  interest  at  six  per  cent. 
per  annum,  payable  semi-annually,  at  the  pleasure  of  the  Government. 
In  the  event  of  the  death  of  any  one  of  the  persons  mentioned  in  this 
section  during  service,  or  after  his  discharge,  and  before  the  issuing  of 
a  certificate  or  warrant,  the  warrant  or  scrip  shall  be  issued  in  favor  of 
his  family  or  relatives;  first,  to  the  widow  and  his  children;  second, 
his  father ;  third,  his  mother ;  fourth  his  brothers  and  sisters. 

11  Feb..  1847,  s.  9,  v.  9,  p.  125. 
28  Sept.,  1850,  b.  1,  v.  9,  p.  520. 


BOUNTY-LANDS BOUNTY,    ETC.  211 

Sec.  2419.  The  persons  enumerated  in  the  preceding  section  received     Certain  classes 
into  service  after  the  commencement  of  the  war  vrith  Mexico,  for  less  ^  persons  in  the 
than  twelve  months,  and  who  served  such  term,  or  were  honorably  dis-  thefr^^^wido^ws' 
charged  are  entitled  to  receive  a  certificate  or  warrant  for  forty  acres,  &c.,  entitled  to 
or  scrip  for  twenty-five  dollars  if  preferred,  and  in  the  event  of  the  forty  acres, 
death  of  such  person  during  service,  or  after  honorable  discharge  before 
the  eleventh  of  February,  eighteen  hundred  and  forty-seven,  the  war- 
rant or  scrip  shall  issue  to  the  wife,  child,  or  children,  if  there  be  any, 
and  if  none,  to  the  father,  and  if  no  father,  to  the  mother  of  such  sol- 
dier. 

11  Feb.,  1847,  s.  9,  p.  125. 

Sec.  2420.  Where  the  militia,  or  volunteers,  or  State  troops  of  any     Militia  and  vol - 
State  or  Territory,  subsequent  to  the  eighteenth  day  of  June,  eighteen  nnteers  in  service 
hundred  and  twelve,  and  prior  to  March  twenty-second,  eighteen  hun-  ^^^^  °^^' 
dred  and  fifty-two,  were  called  into  service,  the  officers  and  soldiers 
thereof  shall  be  entitled  to  all  the  benefits  of  section  two  thousand  four 
hundred  and  eighteen  upon  proof  of  length  of  service  as  therein  required. 
22  March,  1852,  s.  4,  v.  10,  p.  4. 

Sec.  2421.  No  person  shall  take  any  benefit  under  the  provisions  of  .^^[^onsnoten- 
the  thi^e  preceding  sections,  if  he  has  received,  or  is  entitled  to  receive,  cedinf^^s^otfons^ 
any  military  land-bounty  under  any  act  of  Congress  passed  prior  to  the 
twenty-second  March,  eighteen  hundred  and  fifty-two. 
28  Sept.,  1850,  s.  1,  v.  9,  p.  520. 

Sec.  2422.  The  period  during  which  any  officer  or  soldier  remained  , .  ■^^"^'^^5^/*^* 
in  captivity  with  the  enemy  shall  be  estimated  and  added  to  the  period  ac'tu&  service.  ^^ 
of  his  actual  service,  and  the  person  so  retained  in  captivity  shall  re- 
ceive land  under  the  provisions  of  sections  twenty-four  hundred  and 
eighteen  and  twenty- four  hundred  and  twenty,  in  the  same  manner  that 
he  would  b^e  entitled  in  case  he  had  entered  the  service  for  the  whole 
term  made  up  by  the  addition  of  the  time  of  his  captivity,  and  had 
served  during  such  term. 
Jbid.,  8. 2. 

Sj:c.  2423.  Every  person  for  whom  provision  is  made  by  sections  Warrant  and 
twenty -four  hundred  and  eighteen  and  twenty-four  hundred  and  Pf^*  *°  ^^^^®* 
twenty  shall  receive  a  warrant  from  the  Department  of  the  Interior  for 
the  quantity  of  land  to  which  he  is  entitled;  and  upon  the  return  of 
such  warrant,  with  evidence  of  the  location  thereof  having  been  le- 
gally made  to  the  General  Land-Office,  a  patent  shall  be  issued  therefor. 
Ibid,  s.  3. 

Sec.  2424.  In  the  event  of  the  death  of  any  person,  for  whom  pro  vis-  Widows  of  ^er- 
ion  is  made  by  sections  twenty-four  hundred  and  eighteen  and  twenty-  ®°^*  entitled 
four  hundred  and  twenty,  and  who  did  not  receive  bounty -land  for  his 
services,  a  like  warrant  shall  issue  in  favor  of  his  widow,  who  shall  be 
entitled  to  one  hundred  and  sixty  acres  of  land  in  case  her  husband 
was  killed  in  battle;  nor  shall  a  subsequent  marriage  impair  the  right 
of  any  widow  to  suoh  warrant,  if  she  be  a  widow  at  the  time  of  making 
her  application. 

Ibid. 

Sec.  2425.  Each  of  the  surviving  persons  specified  in  the  classes  enu-  Additional 
merated  in  the  following  section,  who  has  served  for  a  period  of  not  less  bounty-lands.&o 
than  fourteen  days,  in  any  of  the  wars  in  which  the  United  States  have 
been  engaged  since  the  year  seventeen  hundred  and  ninety,  and  prior 
to  the  third  day  of  March,  eighteen  hundred  and  fifty-five,  shall  be  en- 
titled to  receive  a  warrant  from  the  Department  of  the  Interior,  for  one 
hundred  and  sixty  acres  of  land ;  and,  where  any  person  so  entitled 
has,  prior  to  the  third  day  of  March,  eighteen  hundred  and  fifty-five, 
received  a  warrant  for  any  number  of  acres  less  than  one  hundred  and 
sixty,  he  shall  be  allowed  a  warrant  for  such  quantity  of  land  only  as 
will  make,  in  the  whole,  with  what  he  may  have  received  prior  to  that 
date,  one  hundred  and  sixty  acres. 

3  March,  1855,  ss.  1,  3,  v.  10,  p.  701. 

Sec.  2426.  The  classes  of  persons  embraced  as  beneficiaries  under  the     Classes  under 
preceding  section,  are  as  follows,  namely :  last  section  spec- 

First.  Commissioned  and  non-commissioned  officers,  musicians,  and 
privates,  whether  of  the  regulars,  volunteers,  rangers,  or  militia,  who 
were  regularly  mustered  into  the  service  of  the  United  States. 


212  BOUKTY-LANDS BOUNTY,    ETC. 

Second.  Commissioned  and  non-commissioned  ofQcers,  seamen,  ordi- 
nary seamen,  flotilla-men,  marines,  clerks,  and  landsmen  in  the  Navy. 

Third.  Militia,  vohmteers,  and  State  troops  of  any  State  or  Terri- 
tory, called  into  military  service,  and  regularly  mustered  therein,  and 
whose  services  have  been  paid  by  the  United  States. 

Fourth.  Wagon-masters  and  teamsters  who  have  been  employed  un- 
der the  direction  of  competent  authority,  in  time  of  war,  in  the  trans- 
portation of  military  stores  and  supplies. 

Fifth.  Officers  and  soldiers  of  the  revolutionary  war,  and  marines, 
seamen,  and  other  persons  in  the  naval  service  of  the  United  States 
during  that  war. 

Sixth.  Chaplains  who  served  with  the  Army. 

Seventh.  Volunteers  who  served  with  the  armed  forces  of  the  United 
States  in  any  of  the  wars  mentioned,  subject  to  military  orders,  whether 
regularly  mustered  into  the  service  of  the  United  States  or  not. 
3  March,  1855,  ss.  1,  8,  10,  v.  10,  p.  701. 
14  May,  1856,  ss.  4,  5,  v.  11,  p.  8. 

What    classes      Sec.  2427.  The  following  'class  of  persons  are  included  as  benefici- 

tt?^I^?^A^^J!^'  aries  under  section  twenty-four  hundred  and  twentv-tive,  without  re- 
titled  under  sec-  ^  ..•,•,        J^^_     n  •  j        i 

tion 2425, without  gard  to  the  length  of  service  rendered. 

regard  to  length     First.  Any  of  the  classes  of  persons  mentioned  in  section  twenty-four 
of  service.  hundred  and  twenty-six  who  have  been  actually  engaged  in  any  battle 

in  any  of  the  wars  in  which  this  country  has  been  engaged  since  seven- 
teen hundred  and  ninety,  and  prior  to  March  third,  eighteen  hundred 
and  fifty-five. 

3  March,  1855,  ss.  3,  9, 11,  v.  10,  p.  702. 

Widows    and      Sec.  2428.  In  the  event  of  the  death  of  any  person  who  would  be  en- 
children  of  per- titled  to  a  warrant,  as  provided  in  section  twenty-four  hundred  and 
dersection242"!^  twenty-five,  leaving  a  w^idow,  or,  if  no  widow,  a  minoi^child,  such 
widow  or  such  minor  child  shall  receive  a  Avarrant  for  the  same  quan- 
tity of  land  that  the  decedent  would  be  entitled  to  receive,  if  living  on 
the  third  day  of  March,  eighteen  hundred  and  fifty-five. 
Ibid.,  8.  2. 

Allowance  o  f  Sec.  2433.  When  any  company,  battalion,  or  regiment,  in  an  organ- 
time  of  service  i^ed  form,  marched  more  than  twenty  miles  to  the  place  where  they 
h"ome\(f  pl'ace'^S  were  mustered  iiito  the  service  of  the  United  States,  or  were  discharged 
muster  or  d  is  •  more  than  twenty  miles  from  the  place  where  such  company,  battalion, 
charge.  or  regiment  was  organized,  in  all  such  cases,  in  computing  the  length 

of  service  of  the  officers  and  soldiers  of  any  such  company,  battalion, 
or  regiment,  there  shall  be  allowed  one  day  for  every  tVVenty  miles 
from  the  place  where  the  company,  battalion,  or  regiment  was  organ- 
ized to  the  place  where  the  same  was  mustered  into  the  service  of  the 
United  States,  and  one  day  for  every  twenty  miles  from  the  place  where 
such  company,  battalion,  or  regiment  was  discharged,  to  the  place 
where  it  was  organized,  and  from  whence  it  marched  to  enter  the  serv- 
ice, provided  that  such  march  was  in  obedience  to  the  command  or  di- 
rection of  the  President,  or  some  general  officer  of  the  United  States, 
commanding  an  army  or  department,  or  the  chief  executive  officer  of 
the  State  or  Territory  by  which  such  company,  battalion,  or  regiment 
was  called  into  service. 

14  May,  1856,  s.  7,  v.  11,  p.  9. 
22  March,  1852,  s.  5,  v.  10,  p.  4. 

I^fserters  not  Sec.  2438.  No  person  who  has  been  in  the  military  service  of  the 
ty-land  ""'United  States  shall,  in  any  case,  receive  a  bounty -laud  warrant  if  it 

appears  by  the  muster-rolls  of  his  regiment  or  corps  that  he  deserted 
or  was  dishonorably  discharged  from  service. 
28  Sept.,  1850,  s.  1,  v.  9,  p.  520. 
3  March,  1855,  s.  1,  v.  10,  p.  701. 

[A  joint  resolution  approved  August  10,  1848,  vol.  9,  page  .S40,  pro- 
vided that  the  officers,  non-commissioned  officers,  privates  and  musi- 
cians of  the  Marine  Corps,  who  served  with  the  Army  in  the  war  with 
Mexico,  should  be  placed,  in  all  respects  as  to  bounty-land  and  other 
remuneration,  in  addition  to  ordinary  pay,  on  a  footing  with  the  offi- 
cers, non-commissioned  officers,  privates,  and  musicians  of  the  Army ; 
this  remuneration  to  be  in  lieu  of  prize-money  and  all  other  extra  al- 
lowances.] 


BOUNTY-LANDS BOUNTY,    ETC.  213 

Notes. — Thetorni  "allowancoa."  when  employed  in  a  jreneral  sense,  has  been 
i-egarded  as  including  bounty.  Thus,  see  XIII,  Op.  197,  where  it  is  held  that  the 
general  forfeiture  of  pay  and  allowances  due  at  the  date  of  offense,  imposed 
upon  deserters  by  paragraph  1358,  Army  Regulations,  embraced  in.stalments  of 
bounty  due  at  the  time  of  the  desertion-  also  United  States  v.  Landers,  2  Otto, 
77,  wliere  the  court  goes  so  far  as  to  hold  that  a  forfeiture  of  "pay  and  allow- 
ances" imposed  by  sentence,  includes  bounty. — "Winthrop's  Digest,  p.  132. 

Service  rendered  since  the  3d  of  March,  1855,  includng  the  late  rebellion, 
does  not  entitle  to  bounty-lands.  Only  one  warrant  for  one  hundred  and  sixty 
acres  can  issue  to  a  soldier  for  any  and  all  service. 

Where  service  has  been  rendered  by  a  substitute,  he  is  the  person  entitled  to 
bounty  land,  and  not  his  employer. 

Applications  for  bounty-land  warrants  must  be  made  to  the  Commissioner 
of  Pensions ;  correspondence  in  relation  to  bounty  in  money  should  be  ad- 
dressed to  the  Second  Auditor  of  the  Treasury. — Pension  Office  Decisitms,  p.  86. 

Orticeis  and  privates  dismissed  the  service  without  trial,  and  remanded  to  the 
service  by  the  President,  but  who,  not  receiving  the  order  of  the  President, 
did  not  return  to  the  service,  are,  notwithstanding,  entitled  to  bounty-land. — 
Pension  Othce  Decisions,  p.  131. 

Where  any  portion  of  the  Marine  Corps  in  the  several  wars  referred  to  in  the 
act  of  Sept.  28,  1850,  was  embodied  with  the  Army  in  the  field  and  performed 
service  as  a  part  of  the  Army,  it  is  entitled  to  honnty -land.— Idem,  p.  131. 

The  word  "  service"  in  bounty-land  acts  refers  to'  that  of  the  soldier,  not  of 
Lis  company. 

Claim  of  a  soldier  can  be  valid  only  on  one  of  the  following  conditions  :  1. 
Must  have  been  regularly  mustered  into  the  United  States  service.  2.  That 
the  services  were  paid  for  by  the  United  States.  3.  That  he  served  with  the 
armed  forces  of  the  United  States,  subject  to  the  military  orders  of  a  United 
States  officer. — Idem,  p.  139. 

The  entire  portion  of  the  Marine  Corps,  whether  they  served  on  ship-board 
or  laud  on  the  Mexican  coast  or  in  the  interior,  in  the  Mexican  war,  are  to  be 
considered  within  the  true  meaning  of  the  resolution  of  the  10th  of  August, 
1848,  as  having  "served  with  the  Army  in  the  war  with  Mexico,"  and  entitled 
to  the  bounty-land  and  other  remuneration  which  that  resolution  provides.  But 
in  awarding  it  to  such  as  received  prize-money,  such  money  should,  in  the  ac- 
count, be  carried  to  the  credit  of  the  Governnient. — Op.  5,  p.  155,  Sept.  17, 1849, 
Johnson. 

Under  the  act  of  March  3,  1855,  and  sections  2425  to  2429  R.  S.,  members  of 
the  Marine  Corps  and  their  representatives  would  be  entitled  to  bounty-land 
without  relinquishing  or  returning  prize-money,  &c. — Pension  Office  Decisions, 
p.  131. 

Not  entitled  to  bounty-land  for  service  in  a  United  States  ship  not  engaged 
in  the  Mexican  war ;  nor  for  service  during  the  war  in  a  war  vessel  on  thecoast 
of  Africa. — Idem,  pp.  133, 141. 

Pardon  by  the  President  for  participation  in  the  late  rebellion  does  not  au- 
thorize the  allowance  of  bounty -land,  the  right  to  which  is  the  subject  of  a  olaim 
against  the  Government  and  is  governed  by  the  provisions  of  the  joint  resolu- 
tion of  March  2,  1867.— Pension  Office  Decisions,  p.  138. 

BOUNTY. 

Sec.  4635.  A  bounty  shall  be  paid  by  the  United  States  for  each  per-         Title  54. 
son  on  board  any  ship  or  vessel  of  war  belonging  to  an  enemy  at  the  ~  Bounty  for  per- 
comniencement  of  an  engagement,  which  is  sunk  or  otherwise  destroyed  sons  onboard 
in  such  engagement  by  any  ship  or  vessel  belonging  to  the  United  States  vessels  sunk  or 
or  which  it  may  be  necessary  to  destroy  in  consequence  of  injuries  sus-  destroyed, 
tained  in  action,  of  one  hundred  dollars,  if  the  enemy's  vessel  was  of 
inferior  force,  and  of  two  hundred  dollars,  if  of  equal  or  superior  force, 
to  be  divided  among  the  officers  and  crew  in  the  same  manner  as  prize- 
money;  and  when  the  actual  number  of  men  on  board  any  such  vessel 
cannot  bo  satisfactorily  ascertained,  it  shall  be  estimated  according  to 
the  complement  allowed  to  vessels  of  its  class  in  the  Navy  of  the  United 
States;  and  there  shall  be  paid  as  bounty  to  the  captors  of  any  vessel 
of  war  captured  from  an  enemy,  which  they  may  be  instructed  to  destroy, 
or  which  is  immediately  destroyed  for  the  public  interest,  but  not  in 
consequence  of  injuries  received  in  action,  fifty  dollars  for  every  person 
who  shall  be  on  board  at  the  time  of  such  capture. 
30  June,  1864,  s.  11,  v.  13,  p.  310. 

[As  to  bounty  for  the  capture  of  vessels  engaged  in  the  slave  trade  with  Afri" 
cans  on  board,  see  under  Slave  Trade. J 

[Section  4642  provides  that  bounty  accruing  or  awarded  to  any  vessel  of  the 
Navy  shall  be  distributed  and  paid  to  the  officers  and  men  entitled  thereto,  in 
the  same  manner  as  prize-money,  under  the  direction  of  the  Secretary  of  the 
Navy,  and  section  4643  requires  every  assignment  of  bounty  money  diie  to  en- 
listed persons  in  the  naval  service,  and  all  powers  of  attorney"  or  other  authority, 
to  draw,  receipt  for,  or  transfer  the  same,  to  be  attested  by"  the  captain  or  other 
commanding  officer,  and  the  paymaster.] 

[By  section  3689  of  the  Revised  Statutes,  "bounty  to  soldiers  "  is  a  permanent 
annual  appropriation.] 


214  BOUNTY-LANDS BOUNTY,    ETC. 

Title  57.  Sec.  4723.  All  colored  persons  who  enlisted  in  the  Army  during  the 

Colored  sol-  ^^^  ^^  *^^^  rebellion,  and  who  are  now  prohibited  from  receiving  bounty 
diers  enrolled  as  and  pension  on  account  of  being  borne  on  the  rolls  of  their  regiments 
"slaves."  as  ''slaves,"  shall  be  placed  on  the  same  footing,  as  to  bounty  and  pen- 

sion, as  though  they  had  not  been  slaves  at  the  date  of  their  enlistment. 

3  March,  1873,  chap.  262,  v.  17,  p.  601. 
See  Op.  XV,  p.  474. 

[The  second  section  of  the  sundry  civil  act,  approved  March  3,  1879> 
V.  20,  p.  377,  provides  that  all  sums  due  upon  certificates  issued  by  the 
accounting  officers  of  the  Treasury  in  settlement  of  claims  for  pay, bounty, 
prize-money,  or  other  moneys  due  to  colored  soldiers,  sailors,  or  marines, 
or  their  legal  representatives,  shall  be  paid  by  the  officers  of  the  Pay 
Department  of  the  Army,  under  the  direction  of  the  Paymaster-General, 
who  is  already  charged  with  the  payment  of  like  dues  to  white  soldiers,  j 

• 
Laws  relating  to  bounty  in  Navy  and  Marine  Corps, 

1  July,  1864.         That  persons  hereafter  enlisted  into  the  naval  service  or  marine 
corps  during  the  present  war  shall  be  entitled  to  receive  the  same  bounty 
as  if  enlisted  in  the  Army     *     *     *.     [Seejjos^,  4  July,  1864.] 
1  July,  1864,  8.  4,  v.  13,  p.  342. 

[The  foregoing  act  repeals  the  joint  resolution  of  February  24, 1864,  conferring 
on  seamen  and  ordinary  seamen  a  bounty  equal  to  three  months  pay  on  their  en- 
listing in  the  Navy.] 

4  July,  1864.         Every  volunteer  who  is  accepted  and  mustered  into  the  service  tor  a 

Bounty  for  en-  term  of'oue  year,  unless  sooner  discharged,  shall  receive,  and  be  paid  by 

listing.  the  United  States,  a  bounty  of  one  hundred  dollars;  and  if  for  a  term  of 

two  years,  unless  sooner  discharged,  a  bounty  of  two  hundred  dollars ; 

and  if  for  a  term  of  three  years,  unless  sooner  discharged,  a  bounty  of 

three  hundred  dollars;  one-third  of  which  bounty  shall  be  paifl  to  the 

soldier  at  the  time  of  his  being  mustered  into  the  service,  one-third  at 

the  expiration  of  one-half  of  his  term  of  service,  and  one-third  at  the 

expiration  of  his  term  of  service.     And  in  case  of  his  death  while  in 

#  service,  the  residue  of  his  bounty  unpaid  shall  be  paid  to  his  widow,  if 

he  shall  have  left  a  widow;  if  not,  to  his  children,  or  if  there  be  none, 

to  his  mother,  if  she  be  a  widow. 

*  *  *  #  #  *  * 

4  July,  1864,  s.  1,  v.  13,  p.  379. 

[An  act,  approved  March  3,  1865,'  chap.  124,  s.  5,  v.  13,  p.  539,  provides  that  no 
person  appointed  or  rated  an  officer  or  clerk  in  the  Navy,  shall  receive  any 
bounty  while  holding  such  appointment.] 

Notes.— April  22,  1872,  chap.  114,  v.  17,  p.  55,  authorizes  $100  bounty  to  all  vol- 
unteers who  enlisted  prior  to  July  22, 1861,  for  three  years,  and  were  mustered  into 
service  before  Aug.  6, 1861,  if  they  were  honorably  discharged  and  had  not  re- 
ceived the  same  for  such  service. 

Two  and  three  years'  men  who  enlisted  between  April  12,  1861,  and  Dec.  24, 
1863,  or  between  April  1,  1864,  and  July  18.  1864,  are  entitled  to  $100  bounty 
under  act  of  .July  22,  1861,  chap.  9,  v.  12,  p.  270,  provided  they  served  two  years 
or  more  as  enlisted  men,  or  were  honorably  discharged  as  such  on  account  of 
wounds  received  in  line  of  duty  before  two  years'  service.  If  discharged  before 
serving  two  years,  and  died  before  July  28, 1866,  of  disease  contracted  in  the  serv- 
ice, his  heirs  are  entitled  to  the  additional  bounty  under  act  of  July  28,  1866, 
'  chap.  296,  v.  14,  p.  322.     If  a  soldier  died  in  the  service,  his  heirs  became  entitled 

to  any  bounty  to  which  the  soldier  would  have  been  entitled  under  his  contract. 

The  act  of  July  28,  1866,  gave  an  additional  bounty  of  $100  to  men  who  enlisted 
and  served  for  three  years  from  April  19,  1861,  and  $50  to  those  who  enlisted  and 
served  for  two  years  "from  April  14, 1861.  Not  given  to  any  one  if  the  soldier  was 
entitled  to  receive,  at  any  time,  a  greater  bounty  than  $100  under  any  other  act 
or  acts. 

Drafted  men,  enrolled  from  March  3,  1863,  to  Sept.  5,  1864,  for  three  years,  or 
men  who,  from  March  3,  1863,  to  Sept.  5,  1864,  enlisted  for  three  years  as  sub- 
stitutes for  drafted  men,  are  only  entitled  by  act  of  March  3,  1863,  to  $100  bounty, 
if  they  served  two  years  or  more,  or  were  discharged  by  reason  of  wounds  re- 
ceived in  line  of  duty  before  two  years'  service.  Neither  they  nor  their  heirs 
are  entitled  to  additional  bounty  under  act  of  July  28,  1866. 

Under  the  act  of  July  4,  1864.'v.  13,  p.  379,  if  discharged  "because  of  wounds 
received  in  the  line  of  (hity,"  the  volunteer  became  entitled  to  the  full  amount 
of  bounty  theiein  provided ;  but  if  discharged  "  because  of  services  no  longer 
required,"  oi-  by  "close  of  war,"  he  has  no  claim  for  balance  of  bounty. 

All  soldiers  discharged  by  reason  of  wounds  received  in  battle,  or  in  line  of 
duty,  aie  entitled  by  acts  of  March  3,  1863,  March  3,  1865,  and  joint  resolution 
of  April  12,  1866,  to  receive  the  same  bounty  they  would  have  received  had  they 
served  their  full  teim  of  enlistment.  The  word  wound  is  held  to  mean  injury 
from  violence  received  in  line  of  duty.  Bounty  depends  upon  being  discharged 
hy  reason  of  the  ivound. 


COAST    SURVEY. 


215 


No  bounty  is  paid  for  enlistments  made  before  April  12,  1861,  nor  for  100  days, 
or  three,  six,  and  nine  months'  men;  nor  for  one  year's  men  enlisting  prior  to 
July  18,  1864 ;  nor  to  volunteers  who  enlisted  after  April  30,  1865.— From  circular 
of  Second  Auditor,  March  3,  1880. 

The  same  bounties  (««  to  the  duration  of  enlistment,  amounts  and  modes  of  pay- 
ment) are  to  b6  paid  to  "persons"  of  all  grades  who  have,  since  the  Ist  of  July, 
1864,  enlisted,  or  who  may  thereafter  enlist,  into  the  Xavy  or  Marine  Corps  of 
the  United  States. 

Enlisted  men  advanced  after  enlistment  to  any  higher  grade  or  rating,  do  not 
thereby  forfeit  their  right  to  any  future  instalment  of  bounty  .—Fourth  Auditor, 
Kulos  1864. 

Where  a  soldier  was  enlisted  in  the  Army  as  a  volunteer  in  December, 
1861,  for  three  years,  but  afterward,  and  before  the  expiration  of  his  term 
of  enlistment,  was  voluntarily  transferred  to  the  naval  service,  in  which  he 
served  out  the  remainder  of  his  term :  Held,  That  he  is  not  entitled  to  the  ad- 
ditional bounty  provided  by  the  act  of  July  28,  1866,  chap.  296.— Op.  XIV,  223, 
April  23,  1873,  Williams. 

Where  a  soldier  deserted,  subsequently  surrendered  himself,  was  restored  to 
duty,  jind  jfinally  "honorably  discharged,"  the  fact  of  the  mark  of  desertion 
standing  against  him,  is  no  impediment  to  his  receiving  bounty.— Kelly's  case, 
Supreme  Court,  15  Wallace,  p.  34. 

COAST  SUEVEY. 


Sec.  Sec. 

4683.  Mode  of  conducting  surveys.  4687.  Manner  of  employment  of  officers  of  Army 

4684.  Employment  of  officers  of"  Army  and  Navy.  and  Navy. 

4685.  Power  to  use  books,  &c.,  and  to  employ  per-  4688.  Allowances  for  subsistence. 

sons.  4691.  Disposal  of  charts. 

4686.  Power  to  employ  vessels.  .  Same. 

Sec.  4683.  All  appropriations  made  for  the  work  of  surveying  the        f i»e 56. 
coast  of  the  United  States  shall  be  expended  in  accordance  with  the     ■^Q^lQ  of  con- 
plan  of  reorganizing  the  mode  of  executing  the  survey  which  has  been  ducting  surveys, 
submitted  to  the  President  by  a  board  of  officers  organized  under  the 
act  of  March  three,   eighteen  hundred  and  forty-three,  chapter  one 
hundred. 

3  March,  1843,  s.  1,  v.  5,  p.  640. 

Sec.  4684.  The  President  shall  carry  into  effect  the  plan  of  the  board,     Employmentof 
as  agreed  upon  by  a  majority  of  its  members;  and  shall  cause  to  bejem-  a*jj^a\^*  Army 
ployed  as  many  officers  of  the  Army  and  Navy  of  the  United  States  as 
will  be  compatible  with  the  successful  prosecution  of  the  work ;  the  offi- 
cers of  the  Navy  to  be  employed  on  the  hydrographical  parts,  and  the 
officers  of  the  Army  on  the  topographical  parts  of  the  work;  and  no 
officer  of  the  Army  or  Navy  shall  receive  any  extra  pay  out  of  any  ap- 
propriatious  for  surveys. 
Ibid. 

Sec.  4685.  The  President  is  authorized,  in  executing  the  provisions  ^^^JJ^^J^^  ^^| 
of  this  Title,  to  use  all  maps,  charts,  books,  instruments,  and  apparatus  ^o   employ'  per- 
belonging  to  the  United  States,  and  to  direct  where  the  same  shall  be  sons, 
deposited,  and  to  employ  all  persons  in  the  land  or  naval  service  of  the 
United  States,  and  such  astronomers  and  other  persons,  as  he  shall  deem 
proper. 

10  July,  1832,  s.  2,  V.  4,  p.  571. 

Sec.  4686.  The  President  is  authorized,  for  any  of  the  purposes  of    Power  to  em- 
surveying  the  coast  of  the  United  States,  to  cause  to  be  employed  such  P^^'y  vessels. 
of  the  public  vessels  in  actual  service  as  he  deems  it  expedient  to  em- 
ploy, and  to  give  such  instructions  lor  regulating  their  conduct  as  he 
deems  proper,  according  to  the  tenor  of  this  Title. 
10  Feb.,  1807,  s.  3,  v.  2,  p.  414. 
14  April,  1«18,  s.  1,  V.  3,  p.  425. 

Sec.  4687.  Officers  of  the  Army  and  Navy  shall,  as  far  as  practicable.     Manner  of  em- 
be  employed  in  the  work  of  surveying  the  coast  of  the  United  States,  Ss^^f  Araiy  ot 
whenever  and  in  the  manner  required  by  the  Department  having  charge  Navy, 
thereof. 

17  June,  1844,  s.  1,  v.  5,  pp.  681,  691. 

Sec.  4688.  The  Secretary  of  the  Treasury  may  make  such  allowances     Allowance  for 
to  the  officers  and  men  of  the  Army  and  Navy,  while  employed  on  Coast  s^i^^sistence. 
Survey  service,  for  subsistence,  in  addition  to  their  compensation,  as  he 
may  deem  necessary,  not  exceeding  the  sum  authorized  by  the  Treas- 
ury regulation  of  the  eleventh  day  of  May,  eighteen  hundred  and  forty- 
four.     [See  note  to  this  section  Part  I,  p.  70.] 
12  June,  1858,  s.  1,  v.  11,  pp.  319,  320. 


216  COLLISIONS RULES    OF    THE    SEA. 

Disposal  of  Skc.  4691.  The  Secretary  of  the  Treasury  is  authorized  to  di8i)Ose~ 
maps  and  charts,  ^j^^  maps  and  charts  of  the  survey  of  the  coast  of  the  United  States  sA 
such  prices  and  under  such  regulations  as  may  from  time  to  time  be 
fixed  by  him  ;  and  a  number  of  copies  of  each  sheet,  not  to  exceed  three 
hundred,  shall  be  distributed  among  foreign  Governments,  and  Depart- 
ments of  our  own  Government,  and  literary  and  scientific  associations 
as  may  be  designated  by  the  Secretary  of  the  Treasury.     [Seej>08^]. 

3  June,  1844,  v.  5,  p.  660.  ^H 

20  June,  1878.  '£i^q  charts  published  by  the  Coast  Survey  shall  be  sold  at  the  oific^l 
at  Washington  at  the  price  of  the  printing  and  paper  thereof,  and  else- 
where at  the  same  price  with  the  average  cost  of  delivery  added  thereto  ; 
and  hereafter  there  shall  be  no  free  distribution  of  such  charts  except 
to  the  Departments  of  the  United  States  and  to  the  several  States  and 
officers  of  the  United  States  requiring  them  for  public  use  in  accord- 
ance with  the  act  of  June  third,  eighteen  hundred  and  forty-four. 
[R.  S.,  sec,  4691.] 

20  June,  1878,  v.  20,  p.  206. 

3  March,  1870.       Senators,  Representatives,  and  Delegates  to  the  House  of  Rex>re8enta- 

— — tives  shall  each  be  entitled  to  not  more  than  ten  charts  published  by 

the  Coast  Survey,  for  each  regular  session  of  Congress. 
3  March,  1879,  v.  20,  p.  377. 

COLLISIONS— RULES  OF  THE  SEA. 

Sec.  1  Sec. 

4233.  Rules  for  preventing  collisions.  4234.  Forfeiture  of  sailing-vessels  for  omission  of 

I  lights. 

Title  48,  Chap.  5.     Sec.  4233.  The  following  rules  for  preventing  collisions  on  the  water, 
shall  be  followed  in  the  navigation  of  vessels  of  the  Navy  and  of  the 


mSnff  co^lfrs-  mercantile  marine  of  the  United  States; 


venting 
ions 


STEAM  AND   SAIL  VESSELS. 

Rule  one.  Every  steam-vessel  which  is  under  sail,  and  not  under 
steam,  shall  be  considered  a  sail-vessel ;  and  everj^^  steam-vessel  which 
is  under  steam,  whether  under  sail  or  not,  shall  be  considered  a  steam- 
vessel. 

LIGHTS. 

Rule  two.  The  lights  mentioned  in  the  following  rules,  and  no  others, 
shall  be  carried  in  all  weathers,  between  sunset  and  sunrise. 

Rule  three.  All  ocean-going  steamers,  and  steamers  carrying  sail, 
shall,  when  under  way,  carry — 

(A)  At  the  foremast  head,  a  bright  white  light,  of  such  a  character 
as  to  be  visible  on  a  dark  night,  with  a  clear  atmosphere,  at  a  distance 
of  at  least  five  miles,  and  so  constructed  as  to  show  a  uniform  and  un- 
broken light  over  an  arc  of  the  horizon  of  twenty  points  of  the  com- 
pass, and  so  fixed  as  to  throw  the  light  ten  points  on  each  side  of  the 
vessel,  namely,  from  right  ahead  to  two  points  abaft  the  beam  on  either 
side. 

(B)  On  the  starboard  side,  a  green  light,  of  such  a  character  as  to  be 
visible  on  a  dark  night,  with  a  clear  atmosphere,  at  a  distance  of  at 
least  two  miles,  and  so  constructed  as  to  show  a  uniform  and  unbroken 
light  over  an  arc  of  the  horizon  of  ten  points  of  the  compass,  and  so 
fixed  as  to  throw  the  light  from  right  ahead  to  two  points  abaft  the 
beam  on  the  starboard  side. 

(C)  On  the  port  side,  a  red  light,  of  such  a  character  as  to  be  visible 
on  a  dark  night,  with  a  clear  atmosphere,  at  a  distance  of  at  least  two 
miles,  and  so  constructed  as  to  show  a  uniform  and  unbroken  light  over 
an  arc  of  the  horizon  of  ten  points  of  the  compass,  and  so  fixed  as  to 
throw  the  light  from  right  ahead  to  two  points  abaft  the  beam  on  the 
port  side. 

The  green  and  red  lights  shall  be  fitted  with  inboard  screens,  project- 
ing at  least  three  feet  forward  from  the  lights,  so  as  to  prevent  them 
from  being  seen  across  the  bow. 

Rule  four.  Steam- vessels,  when  towing  other  vessels,  shall  carry  two 
bright  white  mast-head  lights  vertically,  in  addition  to  their  side-lights, 
so  as  to  distinguish  th^im  from  other  steam-vessels.    Each  of  these  mast- 


COLLISIONS RULES    OF    THE    SEA.  217 

head  lights  shall  be  of  the  same  character  and  construction  as  themast- 
liead  lights  prescribed  by  Rule  three. 

Rule  iivo.  All  steam-vessels,  other  than  ocean-going  steamers  and 
steamers  carrying  sail,  shall,  when  under  way,  carry  on  the  starboard 
and  ports  sides  lights  of  the  same  character  and  construction  and  in  the 
same  position  as  are  prescribed  for  side-lights  by  Rule  three,  except  in 
the  case  provided  in  Rule  six. 

Rule  six.  River-steamers,  navigating  waters  flowing  into  the  Gulf  of 
Mexico,  and  their  tributaries,  shall  carry  the  following  lights,  namely : 
One  red  light  on  the  outboard  side  of  the  port  smoke-pipe,  and  one 
green  light  on  the  outboard  side  of  the  starboard  smoke-pipe.  Such 
lights  shall  show  both  forward  and  abeam  on  their  respective  sides. 

Rule  seven.  All  coasting  steam-vessels,  and  steam-vessels  other  than 
ferry-boats  and  vessels  otherwise  expressly  provided  for,  navigating  the 
bays,  lakes,  rivers,  or  other  inland  waters  of  the  United  States,  except 
those  mentioned  in  Rule  six,  shall  carry  the  red  and  green  lights,  as 
prescribed  for  ocean-going  steamers ;  and,  in  addition  thereto,  a  cen- 
tral range  of  two  white  lights;  the  after-light  being  carried  at  an  ele- 
vation of  at  least  fifteen  feet  above  the  light  at  the  head  of  the  vessel. 
The  head-light  shall  be  so  constructed  as  to  show  a  good  light  through 
twenty  points  of  the  compass,  namely :  from  right  ahead  to  two  points 
abaft  the.  beam  on  either  side  of  the  vessel;  and  the  after-light  so  as  to 
show  all  around  the  horizon.  The  lights  for  ferry-boats  shall  be  regu- 
lated by  such  rules  as  the  board  of  supervising  insi>ector8  of  steam- 
vessels  shall  prescribe. 

Rule  eight.  Sail-vessels,  under  way  or  being  towed,  shall  carry  the 
same  lights  as  steam-vessels  under  way,  with  the  exception  of  the  white 
mast-head  lights,  which  they  shall  never  carry. 

Rule  nine.  Whenever,  as  in  case  of  small  vessels  during  bad  weather, 
the  green  and  red  lights  cannot  be  fixed,  these  lights  shall  be  kept  on 
deck,  on  their  respective  sides  of  the  vessel,  ready  for  instant  exhibi- 
tion, and  shall,  on  the  approach  of  or  to  other  vessels,  be  exhibited  on 
their  respective  sides  in  sufficient  time  to  prevent  collision,  in  such 
manner  as  to  make- them  most  visible,  and  so  that  the  green  light  shall 
not  bo  seen  on  the  port  side,  nor  the  red  light  on  the  starboard  side. 
To  make  the  use  of  these  portable  lights  more  certain  and  easy,  they 
shall  each  be  painted  outside  with  the  color  of  the  light  they  respect- 
ively contain,  and  shall  be  provided  with  suitable  screens. 

Rule  ten.  All  vessels,  whether  steam-vessels  or  sail-vessels,  when  at 
anchor  in  roadsteads  or  fairways,  shall,  between  sunset  and  sunrise, 
exhibit  where  it  can  best  be  seen,  but  at  a  height  not  exceeding  twenty 
feet  above  the  hull,  a  white  light  in  a  globular  lantern  of  eight  inches  in 
diameter,  and  so  constructed  as  to  show  a  clear,  uniform,  and  unbroken 
light,  visible  all  around  the  horizon,  and  at  a  distance  of  at  least  one  mile. 

Rule  eleven.  Sailing  pilot-vessels  shall  not  carry  the  lights  required 
for  other  sailing-vessels,  but  shall  carry  a  white  light  at  the  mast-head, 
visible  all  around  the  horizon,  and  shall  also  exhibit  a  flare-up  light 
every  fifteen  minutes. 

Rule  twelve.  Coal-boats,  trading-boats,  produce-boats,  canal-boats, 
oyster-boats,  fishing-boats,  rafts,  or  other  water-craft,  navigating  any 
bay,  harbor,  or  river,  by  hand-power,  horse-power,  sail,  or  by  the  current 
of  the  river,  or  which  shall  be  anchored  or  moored  in  or  near  the  channel 
or  fairway  of  any  bay,  harbor,  or  river,  shall  carry  one  or  more  good 
white  lights,  which  shall  be  placed  in  such  manner  as  shall  be  prescribed 
by  the  board  of  supervising  inspectors  of  steam-vessels. 

Rule  thirteen.  Open  boats  shall  not  be  required  to  carry  the  side- 
lights required  for  other  vessels,  but  shall,  if  they  do  not  carry  such 
lights,  carry  a  lantern  having  a  green  slide  on  one  side  and  a  red  slide 
on  the  other  side ;  and,  on  the  approach  of  or  to  other  vessels,  such 
lanteni  shall  be  exhibited  in  sufficient  time  to  prevent  collision,  and  in 
such  a  manner  that  the  green  light  shall  not  be  seen  on  the  port  side, 
nor  the  red  light  on  the  starboard  side.  Open  boats,  when  at  anchor 
or  stationary,  shall  exhibit  a  bright  white  light.  They  shall  not,  how- 
ever, be  prevented  from  using  a  flare  up,  in  addition,  if  considered  ex- 
pedient. 

Rule  fourteen.  The  exhibition  of  any  light  on  board  of  a  vessel  of  war 
of  the  United  States  may  be  suspended  whenever,  in  the  opinion  of  the 
Secretary  of  the  Navy,  the  commander-in-chief  of  a  squadron,  or  the 
commander  of  a  vessel  acting  singly,  the  special  character  of  the  service 
may  require  it. 


218  COLLISIONS RULES    OF    THE    SEA. 

FOG-SIGNALS. 

Rule  fifteen.  Whenever  there  is  a  fog,  or  thick  weather,  whether  by 
day  or  night,  fog-signals  shall  be  used  as  follows : 

(A)  Steam-vessels  under  way  shall  sound  a  steam-whistle  placed  be- 
fore the  funnel,  not  less  than  eight  feet  from  the  deck,  at  intervals  of 
not  more  than  one  minute. 

(B)  Sail-vessels  under  way  shall  sound  a  fog-horn  at  intervals  of  not 
more  than  five  minutes. 

(C)  Steam-vessels  and  sail-vessels,  when  not  under  way,  shall  sound 
a  bell  at  intervals  of  not  more  than  five  minutes. 

(D)  Coal-boats,  trading-boats,  produce-boats,  canal-boats,  oyster- 
boats,  fishing-boats,  rafts,  or  other  water-craft,  navigating  any  bay, 
harbor,  or  river,  by  hand-power,  horse  power,  sail,  or  by  the  current  of 

'  the  river,  or  anchored  or  moored  in  or  near  the  channel  or  fairway  of 

any  bay,  harbor,  or  river,  and  not  in  any  port,  shall  sonnd  a  fog-horn, 
or  equivalent  signal,  which  shall  make  a  sound  equal  to  a  steam- whis- 
tle, at  intervals  of  not  more  than  two  minutes. 

STEERING  AND   SAILING  RULES. 

Rule  sixteen.  If  two  sail-vessels,  are  meeting  end  on,  or  nearly  end 
on,  so  as  to  involve  risk  of  collision,  the  helms  of  both  shall  be  put  to 
port,  so  that  each  may  pass  on  the  port  side  of  the  other. 

Rule  seventeen.  When  two  sail-vessels  are  crossing  so  as  to  involve 
risk  of  collision,  then,  if  they  have  the  wind  on  diff"ereut  sides,  the  ves- 
sel with  the  wind  on  the  port  side  shall  keep  out  of  the  way  of  the  ves- 
sel with  the  wind  on  the  starboard  side,  except  in  the  case  in  which  the 
vessel  with  the  wind  on  the  port  side  is  close-hauled,  and  the  other  ves- 
sel free,  in  which  case  the  latter  vessel  shall  keep  out  of  the  way.  But 
if  they  have"  the  wind  on  the  same  side,  or  if  one  of  them  has  the  wind 
aft,  the  vessel  which  is  to  windward  shall  keep  out  of  the  way  of  the 
vessel  which  is  to  leeward. 

Rule  eighteen.  If  two  vessels  under  steam  are  meeting  end  on,  or 
nearly  end  on,  so  as  to  involve  risk  of  collision,  the  helms  of  both  shall 
be  put  to  port,  so  that  each  may  pass  on  the  port  side  of  the  other. 

Rule  nineteen.  If  two  vessels  under  steam  are  crossing  so  as  to  involve 
risk  of  collision,  the  vessel  which  has  the  other  on  her  own  starboard 
side  shall  keep  out  of  the  way  of  the  other. 

Rule  twenty.  If  two  vessels,  one  of  which  is  a  sail- vessel  and  the 
other  a  steam-vessel,  are  proceeding  in  such  directions  as  to  involve  risk 
of  collision,  the  stt  am-vessel  shall  keep  out  of  the  way  of  the  sail-vessel. 

Rule  twenty-one.  Every  steam-vessel,  when  approaching  another  ves- 
sel, so  as  to  involve  risk  of  collision,  shall  slacken  her  speed,  or,  if  nec- 
essary, stop  and  reverse ;  and  every  steam-vessel  shall,  when  in  a  fog, 
go  at  a  moderate  speed. 

Rule  twenty-two.  Every  vessel  overtaking  any  other  vessel  shall 
keep  out  of  the  way  of  the  last-mentioned  vessel. 

Rule  twenty-three.  Where,  by  Rules  seventeen,  nineteen,  twenty,  and 
twenty-two,  one  of  two  vessels  shall  keep  out  of  the  way,  the  other 
shall  keep  her  course,  subject  to  the  qualifications  of  Rule  twenty-four. 

Rule  twenty-four.  In  construing  and  obeying  these  rules,  due  regard 
must  be  had  to  all  dangers  of  navigation,  and  to  any  special  circum- 
stances which  may  exist  in  any  particular  case  rendering  a  departure 
from  them  necessary  in  order  to  avoid  immediate  danger. 
29  April,  1864,  ch.  69,  v.  13,  p.  58. 

15'OTE. — "Where  the  fault  is  wholly  on  one  side,  the  party  in  fanlt  must  hear 
his  own  loss,  and  compensate  the  other  party,  if  such  party  have  sustained  any 
damage.  If  neither  he  in  fault,  neither  is  entitled  to  compensation  from  the 
other.  If  both  are  in  fault,  the  damages  will  be  divided.— Otto,  S.  C,  102,  p.  203* 
See  page  100,  part  I,  as  to  reports  of  collisions. 

Forfeiture    o  f     Sec.  4234.  Collectors,  or  other  chief  officers  of  the  customs,  shall  re- 
sailing-y  es  a  e  1  s  quire  all  sail-vessels  to  be  furnished  with  proper  signal-lights,  and  every 
ifghts!"^^^^''"        ®?^^  vessel  shall,  on  the  approach  of  any  steam-vessel  during  the  night- 
time, show  a  lighted  torch  upon  that  point  or  quarter  to  which  such 
•  steam-vessel  shall  be  approaching.     Every  such  vessel  that  shall  be 
navigated  without  complying  with  the  provisions  of  this  and  the  pre- 
ceding section,  shall  be  liable  to  a  penalty  of  two  hundred  dollars,  one- 
half  to  go  to  the  informer  ;  for  which  sum  the  vessel  so  navigated  shall 
be  liable,  and  may  be  seized  and  proceeded  against  by  way  of  libel,  in 
any  district  court  of  the  United  States  having  jurisdiction  of  the  ofi ense. 
28  Feb.,  1871,  «>.  70,  t.  16,  p.  459. 


DIPLOMATIC    AND    CONSULAR    OFB^ICERS. 


219 


DIPLOMATIC  AND  CONSUL AE  OFFICERS. 

See  also  Merchant  Vessels  and  Service. 


Sec. 

1433.  Navy  officers  temporarily  exercising  con- 
sular powers. 

1440.  Accepting  appointments  vacates  Navy  com- 
mission. 

1674.  Official  designations,  consular  and  diplo- 
matic service. 

1707.  Protests. 

1708.  Lists  and  returns  of  seamen,  vessels,  &c. 


Sec. 

1709.  Estates  of  decedents. 

1710.  Notification  of  death. 

1711.  Decedent's  directions  to  be  followed. 

1737.  False  certificate  of  property. 

1738.  "When  consular  officers  may  perform  diplo- 
matic functions. 

1750.  Depositions. 

1751.  Certain  correspondence  prohibited. 

Sec.  1433.  The  commanding  officer  of  any  fleet,  squadron,  or  vessel  Title  15,  Chap.  2. 

acting  singly,  when  upon  the  high  seas  or  in  any  foreign  port  where     consular  pow- 
there  is  no  resident  consul  of  the  United  States,  shall  be  authorized  to  ©rs. 
exercise  all  the  i)owers  of  a  consul  in  relation  to  mariners  of  the  United 
States. 

20  Feb.,  1845,  s.  2,  v.  5,  p.  725. 

Sec.  1440,  If  any  officer  of  the  Navy  accepts  or  holds  an  appointment  Accepting  ap- 
in  the  diplomatic  or  consular  service  of  the  Government,  he  shall  be  Ppijit  nj  e n  t  s  m 
considered  as  having  resigned  his  place  in  the  Navy,  and  it  shall  be  fg^P^^°^*"°  ^®^' 
filled  as  a  vacancy. 

80  March,  1868,  s.  2,  v.  15,  p.  58. 

Sec.  1674.  The  official  designations  employed  throughout  this  Title  Title  18,  Chap,  1. 
shall  be  deemed  to  have  the  following  meanings,  respectively :  Defin'fon    of 

First.  "Consul-general,"  '^  consul,"  and  "commercial  agent,"  shall  ofgcjal  ^designa- 
be  deemed  to  denote  full,  principal,  and  permanent  consular  officers,  as  tions  employed  in 
distinguished  from  subordinates  and  substitutes.  tliis  title. 

Second.  "  Deputy  consul"  and  "  consular  agent "  shall  be  deemed  to 
denote  consular  officers  subordinate  to  such  principals,  exercising  the 
powers  and  performing  the  duties  within  the  limits  of  their  consulates 
or  commercial  agencies  respectively,  the  former  at  the  same  ports  or 
places,  and  the  latter  at  ports  or  places  different  from  those  at  which 
such  principals  are  located  respectively. 

Third.  "Vice-consuls,"  and  "vice  commercial  agents,"  shall  be  deemed 
to  denote  consular  officers,  who  shall  be  substituted,  temporarily,  to 
fill  the  places  of  consuls-general,  consuls,  or  commercial  agents,  when 
they  shall  be  temporarily  absent  or  relieved  from  duty. 

Fourth.  "Consular  officer "  shall  be  deemed  to  include  consuls-gen- 
eral, consuls,  commercial  agents,  deputy  consuls,  vice-consuls,  vice- 
commercial  agents,  and  consular  agents,  and  none  others. 

Fifth.  "Diplomatic  officer"  shall  be  deemed  to  include  ambassadors, 
envoys  extraordinary,  ministers  plenipotentiary,  ministers  resident, 
commissioners,  charges  d'affaires,*  agents,  and  secretaries  of  legation, 
and  none  others. 

18  Aug,  1856,  8. 1,  V.  11,  p.  64. 
20  June,  1864,  s.  1,  v.  13,  p.  138. 
25  July,  1866,  V.  14,  p.  225. 

[By  section  4130  R.  S.  as  amended,  the  word  "  minister"  is  understood 
to  mean  the  person  invested  with,  and  exercising  the  principal  diplo- 
matic functions.  The  word  "consul"  is  understood  to  mean  any  per- 
son invested  by  the  United  States  with,  and  exercising  the  functions  of 
Consul-Genaral,  Vice-Consul:General,  Consul  or  Vice-Consul.  ] 

Sec.  1707.  Consuls  and  vice-consuls  shall  have  the  right,  in  the  ports  Title  18,  Chap.  2^ 
or  places  to  which  they  are  severally  appointed,  of  receiving  the  pro-     p         .  '* 

tests  or  declarations  which  captains,  masters,  crews,  passengers,  or  mer- 
chants, who  are  citizens  of  the  United  States,  may  respectively  choose 
to  make  there ;  and  also  such  as  any  foreigner  may  choose  to  make  be- 
fore them  relative  to  the  personal  interest  of  any  citizen  of  the  United 
States.  Copies  of  such  acts  duly  authenticated  by  consuls  or  vice-con- 
suls, under  the  seal  of  their  consulates,  respectively,  shall  be  received 
in  evidence  equally  with  their  originals  in  all  courts  in  the  United 
States. 

14  April,  1792,  s.  2,  v.  1,  p.  255. 

Sec.  1708.  Every  consular  officer  shall  keep  a  detailed  list  of  all  sea-  Lists  and  re- 
men  and  mariners  shipped  and  discharged  by  him,  specifying  tli^ir  ^^™|jg  ^^^™®"' 
names  and  the  names  of  the  vessels  on  which  they  are  shipped  and  from  ' 


220  DIPLOMATIC    AND    CONSULAR    OFFICERS. 

which  they  are  discharged,  and  the  payments,  if  any,  made  on  account 
of  each  so  discharged  ;  also  of  the  number  of  the  vessels  arrived  and  de- 
parted, the  amounts  of  their  registered  tonnage,  and  the  number  of 
their  seamen  and  mariners,  and  of  those  who  are  protected,  and  whether 
citizens  of  the  United  States  or  not,  and  as  nearly  as  possible  the  na- 
ture and  value  of  their  cargoes,  and  where  produced,  and  shall  make 
returns  of  the  same,  with  their  accounts  and  other  returns,  to  the  Sec- 
retary of  the  Treasury.     [  See  $  $  4561,  4580,  under  Merchant  Service.  ] 

18  Aug.,  1856,  8.  27,  v.  11,  p.  62. 

Estates  of  de-  Sec.  1709.  It  shall  he  the  duty  of  consuls  and  vice-consuls,  where 
cedents.  ^^^^  laws  of  the  country  permit : 

First.  To  take  possession  of  the  personal  estate  left  by  any  citizen  of 
the  United  States,  other  than  seamen  belonging  to  any  vessel,  who 
shall  die  within  their  consulate,  leaving  there  no  legal  representative, 
partner  in  trade,  or  trustee  by  him  appointed  to  take  care  of  his 
effects. 

Second.  To  inventory  the  same  with  the  assistance  of  two  merchants 
of  the  United  States,  or,  for  want  of  them,  of  any  others  at  their 
choice. 

Third.  To  collect  the  debts  due  the  deceased  in  the  country  where  he 
died,  and  pay  the  debts  due  from  his  estate  which  he  shall  have  there 
contracted. 

Fourth.  To  sell  at  auction,  after  reasonable  public  notice,  such  part 
of  the  estate  as  shall  be  of  a  perishable  nature,  and  such  further  part, 
if  any,  as  shall  be  necessary,  for  the  payment  of  his  debts,  and,  at  the 
expiration  of  one  year  from  his  decease,  the  residue. 

Fifth.  To  transmit  the  balance  of  the  estate  to  the  Treasury  of  the 
United  States,  to  be  holden  in  trust  for  the  legal  claimant ;  except  that 
if  at  any  time  before  such  transmission  the  legal  representative  of  the 
deceased  shall  appear  and  demand  his  effects  in  their  hands  they  shall 
deliver  them  up,  being  paid  their  fees,  and  shall  cease  their  proceedings. 

14  April,  1792,  8.  2,  v.  1,  p.  255. 
Notification  of      Sec.  1710.  For  the  information  of  the  representative  of  the  deceased, 
aeath.  ^j^g  consul  or  vice-consul,  iu  the  settlement  of  his  estate,  shall  immedi- 

ately notify  his  death  in  one  of  the  gazettes  published  in  the  consulate, 
and  also  to  the  Secretary  of  State,  that  the  same  may  be  notified  in  the 
State  to  which  the  deceased  belonged;  and  he  shall,  as  soon  as  maybe, 
transmit  to  the  Secretary  of  State  an  inventory  of  the  effects  of  the  de- 
ceased, taken  as  before  directed. 
Idem. 

Decedent's  di-  Sec.  1711.  When  any  citizen  of  the  United  States,  dying  abroad, 
rections  to  be  fol- leaves,  by  any  lawful  testamentary  disposition,  special  directions  for 
lowed.  jjjQ  custody  and  management,  by  the  consular  officer  of  the  port  or 

place  where  he  dies,  of  the  personal  property  of  which  he  dies  pos- 
sessed in  such  country,  such  officer  shall,  so  far  as  the  laws  of  the  coun- 
try permit,  strictly  observe  such  directions.  When  any  such  citizen  so 
dying,  appoints,  by  any  lawful  testamentary  disposition,  any  other 
person  than  such  officer  to  take  charge  of  and  manage  such  property,  it 
shall  be  thb  duty  of  the  officer,  whenever  required  by  the  person  so  ap- 
pointed, to  give  his  official  aid  in  whatever  way  may  be  necessary  to 
facilitate  the  proceedings  of  such  person  in  the  lawful  execution  of  his 
trust,  and,  so  far  as  the  laws  of  the  country  permit,  to  protect  the 
property  of  the  deceased  from  any  interference  of  the  local  authorities 
of  the  country  where  such  citizen  dies ;  and  to  this  end  it  shall  be  the 
duty  of  such  consular  officer  to  place  his  official  seal  upon  all  of  the 
personal  property  or  effects  of  the  deceased,  and  to  break  and  remove 
such  seal  as  may  be  required  by  such  person,  and  not  otherwise. 
18  Aug.,  1856,  8.  28,  v.  11,  p.  63. 

'  False     certifi-      Sec.  1737.  If  any  consul,  vice-consul,  commercial  agent,  or  vice-com- 

cate  of  property,  mercial  agent  falsely  and  knowingly  certifies  that  property  belonging 

to  foreigners  is  property  belonging  to  citizens  of  the  United  States,  he 

shall  be  punishable  by  imprisonment  for  not  more  than  three  years  and 

by  a  fine  of  not  more  than  ten  thousand  dollars. 

28  Feb.,  1803,  s.  7,  v.  2,  p.  204. 

When  consular  Sec.  1738.  No  consular  officer  shall  exercise  diplomatic  functions,  or 
officers  may  per-  j^old  any  diplomatic  correspondence  or  relation  on  the  part  of  the  Uni 
functioiS  *®^  States,  in,  with,  or  to  the  Government  or  country  to  which  he  isap- 


DIPLOMATIC    AND    CONSULAR    OFFICERS.  221 

liointed,  or  any  other  country  or  Government,  when  there  is  in  such 
country  any  officer  of  the  United  States  authorized  to  perform  diplo- 
matic functions  therein ;  nor  in  any  case,  unless  expressly  authorized 
by  the  President  so  to  do.     [See  $  5335,  under  Treason.] 

18  Aug.,  1856,  8. 12,  V.  11,  p.  56. 

Sec.  1750.  Every  Secretary  of  legation  and  consular  officer  is  hereby  Title  18,  Chap.  3. 
authorized,  whenever  he  is  required  or  deems  it  necessary  or  proper  so  ~^       77. 
to  do,  at  the  post,  port,  place,  or  within  the  limits  of  his  legation,  con-        ®^**^^  ^°"^" 
sulate,  or  commercial  agency,  to  administer  to  or  take  from  any  person 
an  oath,  affirmation,  affidavit,  or  deposition,  and  to  perform  any  nota- 
rial act  which  any  notary  public  is  required  or  authorized  by  law  to  do 
within  the  United  States.     Every  such  oath,  affirmation,  affidavit,  de- 
])osition,  and  notarial  act  administered,  sworn,  affirmed,  taken,  had,  or 
done,  by  or  before  any  such  officer,  when  certified  under  his  hand  and 
seal  of  office,  shall  be  as  valid,  and  of  like  force  and  effect  within  the 
United  States,  to  all  intents  and  purposes,  as  if  administered,  sworn, 
affirmed,  taken,  had,  or  done,  by  or  before  any  other  person  within  the 
United  States  duly  authorized  and  competent  thereto.     If  any  person  .  Penalty  for  per- 
sliall  willfully  and  corruptly  commit  perjury,  or  by  any  means  procure  J  ^J'y  in   such 
any  person  to  commit  perjury  in  any  such  oath,  affirmation,  affidavit,  or 
deposition,  within  the  intent  and  meaning  of  any  act  of  Congress  now 
or  hereafter  made,  such  offender  may  be  charged,  proceeded  against, 
tried,  convicted,  and  dealt  with  in  any  district  of  the  United  States,  in 
the  same  manner,  in  all  re8j)ect8,  as  if  such  offense  had  been  committed 
in  the  United  States,  before  any  officer  duly  authorized  therein  to  ad- 
minister or  take  such  oath,  affirmation,  affidavit,  or  deposition,  and  shall 
be  subject  to  the  same  punishment  and  disability  therefor  as  are  or  shall 
be  prescribed  by  any  such  act  for  such  offense;  and  any  document  pur-     Eviden  c  e  of 
porting  to  have  affixed,  impressed,  or  subscribed  thereto  or  thereon  the  taking  the  oath. 
seal  and  signature  of  the  officer  administering  or  taking  the  same  in 
testimony  thereof,  shall  be  admitted  in  evidence  without  proof  of  any 
such  seal  or  signature  being  genuine  or  of  the  official  character  of  such 
person;  and  if  any  person  shall  forge  any  such  seal  or  signature,  or     Penalty  for 
shall  tender  in  evidence  any  such  document  with  a  false  or  counterfeit  forging  certifl- 
sealor  signature  thereto,  knowing  the  same  to  be  false  or  counterfeit,  ^'^  ®  °  ^*    • 
he  shall  be  deemed  and  taken  to  be  guilty  of  a  misdemeanor,  and  on  con- 
viction shall  be  imprisoned  not  exceeding  three  years  nor  less  than  one 
year,  and  fined  in  a  sum  not  to  exceed  three  thousand  dollars,  and  may 
be  charged,  proceeded  against,  tried,  convicted,  and  dealt  with,  there- 
for, in  the  district  where  he  may  be  arrested  or  in  custody.     [See  §4 
5392,5393,  Perjury.] 

18  Aug.,  1856,  s.  24,  v.  11,  p.  61. 

Sec.  1751.  No  diplomatic  or  consular  officer  shall  correspond  in  re-     Certain   corre- 
gard  to  the  public  affairs  of  any  foreign  Government  with  any  private  spondencebyoffi- 
person,newspaper,  or  other  periodical,  or  otherwise  than  with  the  proper  ^^'^^  ^™ 
officers  of  the  United  States,  nor  recommend  any  person,  at  home  or 
abroad,  for  any  employment  of  trust  or  profit  under  the  Government  of 
the  country  in  which  he  is  located;  nor  ask  nor  accept,  for  himself  or 
any  other  person,  any  present,  emolument,  pecuniary  favor,  office,  or 
title  of  any  kind,  from  any  such  Government.     [See  June  17, 1874,  post.  ] 
Ibid.,  a.  19,  p.  59. 

Nor  shall  any  diplomatic  or  consular  officer  correspond  in  regard  to    June  17,  1874. 
the  public  affairs  of  any  foreign  Government  with  any  private  person,     ^  ^^^^  corre- 
newspaper,  or  other  periodical,  or  otherwise  than  with  the  proper  offi-  gpondence    for 
cers  of  the  United  States  ;  nor  without  the  consent  of  the  Secretary  of  bidden. 
State  previously  obtaiued,  recommend  any  person  at  home  "or  abroad     Not  to  recom- 
for  any  employment  or  trust  or  profit  under  the  Government  of  the  "^'^'^fo^men^^  ^^^ 
country  in  which  he  is  located ;  nor  ask  or  accept  for  himself  or  any  accept^  tittes  or 
other  person,  any  present,  emolument,  pecuniary  favor,  office,  or  title  presents, 
of  any  kind  from  any  such  Government. 
17  June,  1874,  v.  18,  p.  77. 


2li2 


EXPATRIATION EXTRADITION. 


1999,  Eight  of  expatriation  declared. 

2000.  Protection  of  naturalized  citizens  in  foreign 

countries. 

Title  25. 


EXPATEIATION. 

Sec. 


2001.  Kelease  of  citizens  imprisoned  by  foreign 
governments. 


Sec.  1999.  Whereas  the  right  of  expatriation  is  a  natural  and  inher- 

Kio^iit  of  expa-  ^^*  right  of  all  people,  indispensable  to  the  enjoyment  of  the  rights  of 

triatibn  declared,  li^j  liberty,  and  the  pursi^it  of  happiness ;  and  whereas  in  the  recognition 

of  this  principle  this  Government  has  freely  received  emigrants  from  all 

nations,  and  invested  them  with  the  rights  of  citizenship ;  and  whereas 

it  is  claimed  that  such  American  citizens,  with  their  descendants,  are 

subjects  of  foreign  states,  owing  allegiance  to  the  governments  thereof; 

and  whereas  it  is  necessary  to  the  maintenance  of  public  peace  that  this 

claim  of  foreign  allegiance  should  be  j)romptly  and  finally  disavowed: 

Therefore  any  declaration,  instruction,  opinion,  order,  or  decision  of  any 

ofi&cer  of  the  United  States  which  denies,  restricts,  impairs,  or  questions 

-  the  right  of  expatriation,  is  declared  inconsistent  with  the  fundamental 

principles  of  the  Republic. 

27  July,  1868,  s.  1,  v.  15,  p.  223. 

Protection    to     Sec.  2000.  All  naturalized  citizens  of  the  United  States,  while  in  for- 
naturalized  citi-  eign  countries,  are  entitled  to  and  shall  receive  from  this  Government 
stetes^"   foreign  ^jj^  game  protection  of  persons  aud  property  which  is  accorded  to  native- 
born  citizens. 

Ibid.,  8.  2,  p.  224. 
Kelease  of  citi-     Sec.  2001.  Whenever  it  is  made  known  to  the  President  that  any  citi- 
bTVrefe?  eo^  ^^^  ^^  *^®  United  States  has  been  unjustly  deprived  of  his  liberty  by  or 
ernments  to  be  ^^der  the  authority  of  any  foreign  government,  it  shall  be  the  diity  of 
demanded.  the  President  forthwith  to  demand  of  that  government  the  reasons  of 

such  imprisonment ;  and  if  it  appears  to  be  wrongful  and  in  violation 
of  the  rights  of  American  citizenship,  the  President  shall  forthwith  de- 
mand the  release  of  such  citizen,  and  if  the  release  so  demanded  is  un- 
reasonably delayed  or  refused,  the  President  shall  use  such  moans,  not 
amounting  to  acts  of  war,  as  he  may  think  necessary  and  proper  to 
obtain  or  effectuate  the  release ;  and  all  the  facts  and  proceedings  rela- 
tive thereto  shall  as  soon  as  practicable  be  communicated  by  the  Presi- 
dent to  Congress. 

J6id.,s.  3,p.  224. 

EXTEADITIOK 


Sec. 

5270.  Fugitives   from   the  justice  of  a   foreign 

country. 

5271.  Evidence  on  the  hearing. 
6272.  Surrender  of  the  fugitive. 

5273.  Time  allowed  for  extradition. 

5274.  Continuance  of  provisions  limited. 

5275.  Protection  of  the  accused. 

5276.  Powers  of  agent  receiving  offenders  deliv- 

ered by  a  foreign  government. 


Sec. 

5277.  Penalty  for  opposing  agent,  &c. 

5278.  Fugitives  from  justice  of  a  State  or  Terri- 

tory. 

5279.  Penalty  for  resisting  agent,  &c. 

5280.  Arrest  of  deserting  seamen  from  foreign  ves- 

sels. 

5409.  Allowing  prisoners  to  escape. 

5410.  Application  of  preceding  section. 


Title  66.  Sec.  5270.  Whenever  there  is  a  treaty  or  convention  for  extradition 

Fugitives  from  l>6tween  the  Government  of  the  United  States  and  any  foreign  govern- 
the  justice  of  a  itiient,  any  justice  of  the  Supreme  Court,  circuit  judge,  district  judge, 
foreign  country,  commissioner,  authorized  so  to  do  by  any  of  the  courts  of  the  United 
States,  or  judge  of  a  court  of  record  of  general  jurisdiction  of  any  State, 
may,  upon  complaint  made  under  oath,  charging  any  person  found 
within  the  limits  of  any  State,  district,  or  Territory,  with  having  com- 
mitted within  the  jurisdiction  of  any  such  foreign  government  any  of 
the  crimes  provided  for  by  such  treaty  or  convention,  issue  his  warrant 
for  the  apprehension  of  the  person  so  charged,  that  he  may  be  brought 
before  such  justice,  judge,  or  commissioner,  to  the  end  that  the  evi- 
dence of  criminality  may  be  heard  and  considered.  If,  on  such  hearing, 
he  deems  the  evidence  sufficient  to  sustain  the  charge  under  the  pro- 
visions of  the  proper  treaty  or  convention,  he  shall  certify  the  same, 
together  with  a  copy  of  all  the  testimony  taken  before  him,  to  the  Sec- 
retary of  State,  that  a  warrant  may  issue  upon  the  requisition  of  the 


EXTRADITION.  223 

proi^er  authorities  of  such  foreign  government,  for  the  surrender  of  such 
person,  according  to  the  stipulations  of  the  treaty  or  convention ;  and 
he  shall  issue  his  warrant  for  the  commitment  of  the  person  so  charged 
to  the  proper  jail,  there  to  remain  until  such  surrender  shall  be  made. 
12  Aug.,  1848,  8.  1,  V.  9,  p.  302.. 

Sec.  5271.  In  every  case  of  complaint  an(J  of  a  hearing  upon  the  re-  Evidence  on  the 
turn  of  the  warrant  of  arrest,  any  depositions,  warrants,  or  other  papers  Clearing, 
offered  in  evidence,  shall  he  admitted  and  received  for  the  purpose  of 
such  hearing  if  they  shall  he  properly  and  legally  authenticated  so 
as  to  entitle  them  to  be  received  as  evidence  of  the  criminality  of  the 
person  so  apprehended,  by  the  tribunals  of  the  foreign  country  from 
which  the  accused  party  shall  have  escaped,  and  copies  of  any  such 
depositions,  w^arrants,  or  other  papers,  shall,  if  authenticated  according 
to  the  law  of  such  foreign  country,  be  in  like  manner  received  as  evi- 
dence ;  and  the  certificate  of  the  princii)al  diplomatic  or  consular  offi- 
cer of  the  United  States  resident  in  such  foreign  country  shall  be  proof 
that  any  such  deposition,  warrant  or  other  pai)er,  or  copy  thereof,  is  au- 
thenticated in  the  manner  required  by  this  section. 

12  Aug.,  1848,  8. 2,  V.  9,  p.  302. 
22  June,  1860,  v.  12,  p.  84, 
19  June,  1876,  v.  19,  p.  59. 

Sec.  5^72.  It  shall  be  lawful  for  the  Secretary  of  State,  under  his  Surrender  of  the 
hand  and  seal  of  office,  to  order  the  person  so  committed  to  be  delivered  fugitive, 
to  such  person  as  shall  be  authorized,  in  the  name  and  »n  behalf  of  such 
foreign  government,  to  be  tried  for  the  crime  of  which  such  person  shall 
be  so  accused,  and  such  j)erson  shall  be  delivered  up  accordingly ;  and 
it  shall  be  lawful  for  the  person  so  authorized  to  hold  such  person  in 
custody,  and  to  take  him  to  the  territory  of  such  foreign  government, 
pursuant  to  such  treaty.  If  the  person  so  accused  shall  escape  out  of 
any  custody  to  which  he  shall  be  committed,  or  to  which  he  shall  be 
delivered,  it  shall  be  lawful  to  retake  such  person  in  the  same  manner 
as  any  x)erson  accused  of  any  crime  against  the  laws  in  force  in  that 
part  of  the  United  States  to  which  he  shall  so  escape,  may  be  retaken 
on  an  escape.     [See  $$  5409,5410.] 

12  Aug.,  1848,  8.  3,  V.  9,  p.  302. 

Sec.  5273.  Whenever  any  person  who  is  committed  under  this  title  or  Time  allowed 
any  treaty,  to  remain  until  delivered  up  in  pursuance  of  a  requisition,  ^^^  extradition. 
is  not  so  delivered  up  and  conveyed  out  of  the  United  States  within 
two  calendar  months  after  such  commitment,  over  and  above  the  time 
actually  required  to  convey  the  prisoner  from  the  jail  to  which  he  was 
committed,  by  the  readiest  way,  out  of  the  United  States,  it  shall  be 
lawful  for  any  judge  of  the  United  States,  or  of  any  State,  upon  appli- 
cation made  to  him  by  or  on  behalf  of  the  person  so  committed,  and 
upon  proof  made  to  him  that  reasonable  notice  of  the  intention  to  make 
such  application  has  been  given  to  the  Secretary  of  State,  to  order  the 
person  so  committed  to  be  discharged  out  of  custody,  unless  sufficient 
cause  is  shown  to  such  judge  why  such  discharge  ought  not  to  be 
ordered. 

Idem,  s.  4. 

Sec.  5274.  The  provisions  of  this  Title  relating  to  the  surrender  of    Continuance  of 
persons  who  have  committed  crimes  in  foreign  countries  shall  continue  provisions  1  i  m  - 
in  force  during  the  existence  of  any  treaty  of  extradition  with  any  for- 
eign  Government,  and  no  longer. 
Idem,  a.  5. 

Sec.  5275.  Whenever  any  person  is  delivered  by  any  foreign  Govern-  Protection  of 
ment  to  an  agent  of  the  United  States,  for  the  purpose  of  being  brought  ^^^  accused, 
within  the  United  States  and  tried  for  any  crime  of  which  he  is  duly 
accused,  the  President  shall  have  power  to  take  all  necessary  measures 
for  the  transportation  and  safe-keeping  of  such  accused  person,  and  for 
his  security  against  lawless  violence,  until  the  final  conclusion  of  his 
trial  for  the  crimes  or  offenses  specified  in  the  warrant  of  extradition, 
and  until  his  final  discharge  from  custody  or  imprisonment  for  or  on 
account  of  such  crimes  or  offenscis,  and  for  a  reasonable  time  thereafter, 
and  may  employ  such  portion  of  the  land  or  naval  forces  of  the  United 
States,  or  of  the  militia  thereof,  as  may  be  necessary  for  the  safe-keep- 
ing and  x)rotection  of  the  accused. 

3  March,  1809,  s.  1,  v.  15  p.  337. 


224  EXTRADITION. 


4 

bebafH 
nv  pe^™ 


Powers  of  agent      Sec.  5276.  Any  person  duly  appointed  as  agent  to  receive,  in , 

receiving  <*^^^'  of  the  United  States,  the  delivery,  by  a  foreign  Government,  of  any  pet— 

aforeign^Goven^  so^  accused  of  crime  committed  within  the  jurisdiction  of  the  United 

ment.  States,  and  to  convey  him  to  the  place  of  his  trial,  shall  have  all  the 

powers  of  a  marshal  of  the  United  States,  in  the  several  districts  through 

which  it  may  be  necessary  for  him  to  pass  with  such  prisoner,  so  far 

as  such  power  is  requisite  for  the  prisoner's  safe-keeping.         , 

Idem,  8.  2. 

Penalty  for  op-      Sec.  5277.  Every  person  who  knowingly  and  willfully  obstructs,  re- 
posing agent,  &c.  gigtg^  or  opposes  such  agent  in  the  execution  of  bis  duties,  or  who  res- 
cues or  attempts  to  rescue  such  prisoner,  whether  in  the  custody  of  the 
agent  or  of  any  officer  or  person  to  whom  his  custody  has  lawfully  been 
committed,  shall  be  punishable  by  a  line  of  not  more  than  one  thou- 
sand dollars,  and  by  imprisonment  for  not  more  than  one  year. 
Idem,  s.  3. 
Fugitives  from      jsec.  5278.  Whenever  the  executive  authority  of  any  State  or  Terri- 
^^•^Territor^**^^  to^y  demands  any  person  as  a  fugitive  from  justice,  of  the  executive  au- 
thority of  any  State  or  Territory  to  which  such  person  has  fled,  and  pro- 
duces a  copy  of  an  indictment  found  or  an  affidavit  made  before  a  mag- 
istrate of  any  State  or  Territory,  charging  the  person  demanded  with 
having  committed  treason,  felony,  or  other  crime,  certified  as  authentic 
by  the  governor  or  chief  magistrate  of  the  State  or  Territory  from  whence 
the  person  so  charged  has  fled,  it  shall  be  the  duty  of  the  executive  au- 
thority of  the  State  or  Territory  to  which  such  person  has  fled  to  cause 
him  to  be  arrested  and  secured,  and  to  cause  notice  of  the  arrest  to  be 
given  to  the  executive  authority  making  such  demand,  or  to  the  agent 
of  such  authority  appointed  to  receive  the  fugitive,  and  to  cause  the 
fugitive  to  be  delivered  to  such  agent  when  he  shall  appear.     If  no  such 
agent  appears  within  six  months  from  ihe  time  of  the  arrest,  the  pris- 
oner may  be  discharged.     All  costs  or  expenses  incurred  in  the  appre- 
hending, securing,  and  transmitting  such  fugitive  to  the  State  or  Ter- 
ritory making  such  demand,  shall  be  paid  by  such  State  or  Territory. 
12  Feb.,  1793,  s.  1,  v.  1,  p.  302. 

Penalty  for  re-  Sec.  5279.  Any  agent  so  ai)pointed  who  receives  the  fugitive  into  his 
sisting agent, &c.  custody,  shall  be  empowered  to  transport  him  to  the  State  or  Territory 
from  which  he  has  fled.  And  every  person  who,  by  force,  sets  at  liberty 
or  rescues  the  fugitive  from  such  agent  while  so  transporting  him,  shall 
be  fined  not  more  than  five  hundred  dollars  or  imprisoned  not  more 
than  one  year.  [See  ^  5409.] 
Idem,  8.  2. 

Arrest  of  desert-  Sec.  5280.  On  application  of  a  consul  or  vice-consul  of  any  foreign 
ing  seamen  from  government  having  a  treaty  with  the  United  States  stipulating  for  the 
toreign  vessels,  restoration  of  seamen  deserting,  made  in  writing,  stating  that  the  per- 
son therein  named  has  deserted  from  a  vessel  of  any  such  government, 
while  in  any  port  of  the  United  States,  and  on  proof  by  the  exhibition 
of  the  register  of  the  vessel,  ship's  roll,  or  other  official  document,  that 
the  person  named  belonged,  at  the  time  of  desertion,  to  the  crew  of  such 
vessel,  it  shall  be  the  duty  of  any  court,  judge,  commissioner  of  any  cir- 
cuit court,  justice,  or  other  magistrate,  having  competent  pow'er,  to  issue 
warrants  to  cause  such  person  to  be  arrested  for  examination.  If,  on 
examination,  the  facts  stated  are  found  to  be  true,  the  person  arrested 
not  being  a  citizen  of  the  United  States,  shall  be  delivered  up  to  the 
consul  or  vice-consul,  to  be  sent  back  to  the  dominions  of  any  such  gov- 
ernment, or,  on  the  request  and  at  the  expense  of  the  consul  or  vice- 
consul,  shall  be  detained  until  the  consul  or  vice-consul  finds  an  oppor- 
tunity to  send  him  back  to  the  dominions  of  any  such  government.  No 
person  so  arrested  shall  be  detained  more  than  two  months  after  his 
arrest ;  but  at  the  end  of  that  time  shall  be  set  at  liberty,  and  shall  not 
be  again  molested  for  the  same  cause.  If  any  such  deserter  shall  be 
found  to  have  committed  any  crime  or  ofiense,  his  surrender  may  be 
delayed  until  the  tribunal  before  which  the  case  shall  be  depending,  or 
may  be  cognizable,  shall  have  pronounced  its  sentence,  and  su<jh  sen- 
tence shall  have  been  carried  into  effect. 

2  March,  1829,  ch.  41,  v.  4,  p.  359. 
24  Feb.,  1855,  cb.  123,  v.  10,  p.  614. 


FISH    COMMISSIONER — FLAGS   AND    STANDARDS. 


225 


Sec.  5409.  Whenever  any  marshal,  deputy  marshal,  ministerial  officer,  Title  70,  Chap.  4. 
or  other  person,  has  in  his  custody  any  prisoner  by  virtue  of  process     Allowing  pris- 
issued  under  the  laws  of  the  United  States  by  any  court  judge,  or  com-  oneii*  to  escape, 
missioner,  and  such  marshal,  deputy  marshal,  ministerial  officer,  or  other 
person,  voluntarily  suifers  such  prisoner  to  escape,  he  shall  be  fined  not 
more  than  two  thousand  dollars,  or  imprisoned  for  a  term  not  more  than 
two  years,  or  both.  '- 

21  June,  1860,  v.  12,  p.  69.    • 

Sec.  5410.  The  preceding  section  shall  be  construed  to  apply  not  only     Application  of 
to  cases  in  which  the  prisoner  who  escaped  was  charged  or  found  guilty  preceding    s  e  c  - 
of  an  offense  against  the  laws  of  the  United  States,  but  also  to  cases  in  ^^^' 
which  a  prisoner  may  be  in  custody  charged  with  offenses  against  any 
foreign  government  with  which  the  United  States  have  treaties  of  ex- 
tradition. 

Ibid. 

FISH  oommissio:n^er. 


Sec. 

4395.  Appointment  of  Commissioner  of  F 

Fisbeiies. 

4396.  Duties  of  Commissioner. 


Sec. 

4397.  Executive'  Department  to  aid  investigation. 

4398.  Powers  of  Commissioner. 


Title  51. 


Sec.  4395.  There  shall  be  appointed  by  the  President,  with  the  advice 

and  consent  of  the  Senate,  from  among  the  civil  officers  or  emplo>6sof  Appointment  of 
the  Government,  a  Commissioner  of  Fish  and  Fisheries,  who  shall  be  a  Commissioner  of 
person  of  proved  scieutitic  and  practical  acquaintance  with  the  fishes  Fish  and  Fisher- 
of  the  coast,  and  who  shall  serve  without  additional  salary.  ies. 

9  Feb.,  1871,  s.  1,  v.  16,  p.  594. 

Sec.  4396.  TheCommissionerof  Fish  and  Fisheries  shall  prosecute  in-     Duties  of  the 
vestigations  and  inquiries  on  the  subject,  with  the  view  of  ascertaining  Commissioner, 
whether  any  and  what  diminution  in  the  number  of  the  food-fishes  of 
the  coast  and  the  lakes  of  the  United  States  has  taken  place ;  and,  if  so, 
to  what  causes  the  same  is  due  ;  and  also  whether  any  and  what  pro- 
tective, prohibitory,  or  precautionary  measures  should  be  adopted  in 
the  premises ;  and  shall  report  ujjon  the  same  to  Congress. 
Ibid.,  a.  2. 

SeC;  4397.  The  heads  of  the  several   Executive  Departments  shall    Executive  D^ 
cause  to  be  rendered  all  necessary  and  practicable  aid  to  the  Commis- P^.g^^fgationg*^ 
sioner  in  the  prosecution  of  his  investigations  and  inquiries. 
Ibid.,  a.  3. 

Sec.  4398.  The  Commissioner  may  take  or  cause  to  be  taken  at  all    Powers  of  Corn- 
times,  in  the  waters  of  the  sea-coast  of  the  United  States,  where  the  missioner. 
tide  ebbs  and  flows,  and  also  in  the  waters  of  the  lakes,  such  fish  or 
specimens  thereof  as  may  in  his  judgment,  from  time  to  time,  be  need- 
ful or  proper  for  the  conduct  of  his  duties,  any  law,  custom,  or  usage  of 
any  State  to  the  contrary  notwithstanding. 
Ibid.,  8.  4. 

FLAGS  AND  STANDARDS. 


I 


Sec.  Sec.  • 

428.  Captured  flags.  1791.  The  flag  to  be  13  stripes  and  37  stars. 

1554.  Captured  flags.  1792.  A  star  to  be  added  for  every  new  State. 

1555.  Display  of  captured  flags. 

Sec.  428.  The  Secretary  of  the  Navy  shall  from  time  to  time  cause  to        Title  10. 
be  collected  and  transmitted  to  him,  at  the  seat  of  Government,  all  flags,  ~cautuied  fl-  s 
standards,  and  colors  taken  by  the  Navy  from  the  enemies  of  the  Uni- 
ted States. 

18  April,  1814,  s.  l,v.  3,  p.  133. 

Sec.  1554.  The  Secretary  of  the  Navy  shall  cause  to  be  collected  and  tUU  ^5,€liap.7. 
transmitted  to  him,  at  the  seat  of  Goveriiment  of  the  United  States,     captured  flag*, 
all  such  flags,  standards,  and  colors  as  shall  have  been  or  may  hereaf- 
ter be  taken  by  the  Navy  from  enemies. 

18  April,  1814,  s.  1,  v.3,  p.  133. 


11181- 


•15 


226  FRAUD,  FORGERY,  THEFT,  ETC. 

Preservation  of     Sec.  1555.  All  flags,  standards,  and  colors  of  the  description  men- 
public  tioned  in  the  foregoing  section,  which  are  now  in  the  possession  of  the 
**  Navy  Department,  or  may  hereafter  be  transmitted  to  it,  shall  be  de- 

livered to  the  President,  for  the  purpose  of  being,  under  his  direction, 
preserved  and  displayed  in  such  public  place  as  he  may  deem  proj>er. 
Idem. 

Title  20.  Sec.  1791.  The  flag  of  the  United  States  shall  be  thirteen  horizontal 

— — ~ — - — r-  stripes,  alternate  red  and  white  ;  and  the  union  of  the  flag  shall  be 
13  stripes^and  37  thirty-seven  stars,  wliite  in  a  blue  field, 
stars.  13  Jan.,  1794,  v.  1,  p.  314. 

4  April,  1818,  s.  1,  v.  3,  p.  415. 

A  star  to  be  Sec.  1792.  On  the  admission  of  a  new  State  into  the  Union  one  star 
added  for  every  shall  be  added  to  the  union  of  the  flag ;  and  such  addition  shall  take 
new  State.  effect  on  the  fourth  day  of  July  then  next  succeeding  such  admission. 

4  April,  1818,  s.  2,  v.  3,  p.  415. 

FRAUD,  FORGERY,  THEFT,  &c. 

Sec.  I  Sec. 

183.  Clerks  investigating  frauds  may  administer  j  5438.  Making  or  presenting  false  claims, 

oath.  I   5439.  Embezzling  arms,  stores,  &cc. 

5394.  Stealing  process,  &c.  I   5440.  All  parties  to  a  conspiracy  equally  guilty. 
5418.  Forging,  &c.,  bid,  public  record,  &c.  5441.  Delaying  or  defrauding  captor  or  claimant, 

6421.  Forging  deed,  power  of  attorney,  &c.  &c.,  of  prize-property. 

5422.  Having  forged  papers  in  possession.  5456.  Eobbery  or  larceny  of  personal  property  of 

5435.  False  personation.  the  United  States. 

5436.  False  demand  on  fraudulent  power  of  attor-      5479.  Counterfeiting  or  forging  bids,  bonds,  &c. 

ney.  Larcenies  and  stolen  goods. 

Title  4.  Sec.  183.  Any  officer  or  clerk  of  any  of  the  Departments  lawfully  de- 

"TTTT  T  77  t^il^^  to  investigate  frauds  or  attempts  to  defraud  on  the  Government, 
miuist^^d  by  of-  ^'  ^^^  irregularity  or  misconduct  of  any  officer  or  agent  of  the  United 
ficers,  &c.  States,  shall  have  authority  to  administer  an  oath  to  any  witness  at- 

tending to  testify  or  depose  in  the  course  of  such  investigation. 
10  April,  1869,  Res.  15,  s.  2.  v.  16.  p.  55. 
7  Marcn,  1870,  chap.  23,  v.  16,  p.  75. 

TItle70,€bap.4.  Sec.  5394.  Every  person  who  feloniously  steals,  takes  away,  alters, 
Stealino^i-^-  falsifies,  or  otherwise  avoids  any  record,  writ,  process,  or  other  proceed- 
tering  process,  i^g?  i^  any  court  of  the  United  States,  by  means  whereof  any  judgment 
procuring  false  is  reversed,  made  void,  or  does  not  take  effect,  and  every  person  who 
bail,  &c.  acknowledges,  or  procures  to  be  acknowledged,  in  any  such  court,  any 

recognizance,  bail,  or  judgment,  in  the  name  of  any  other  person  not 
privy  or  consenting  to  the  same,  shall  be  fined  not  more  than  five  thou- 
sand dollars  or  be  imprisoned  at  hard  labor  not  more  than  seven  years  ; 
but  this  provision  shall  not  extend  to  the  acknowledgment  of  any  judg- 
ment by  an  attorney,  duly  admitted  for  any  person  against  whom  any 
such  judgment  is  had  or  given. 

30  April,  1790,  s.  15,  v.  1,  p.  115. 
22  June,  1874,  s.  19,  v.  18,  p.  190. 

Title  70,  (hap.  6.      Sec.  5418.  Every  person  who  falsely  makes,  alters,  forges,  or  counter- 

j7j~^^^^:    ^7^  feits  any  bid,  proposal,  guarantee,  official  bond,  public  record,  affidavit, 

bid.  p7i  blic  r  e-  or  other  writing,  for  the  purpose  of  defrauding  the  United  States,  or  ut- 

cord,  &.C.  ters  or  publishes  as  true  any  such  false,  forged,  altered,  or  counterfeited 

bid,  proposal,  guarantee,  official  bond,  public  record,  affidavit,  or  other 

writing,  for  such  purpose,  knowing  the  same  to  be  false,  forged,  altered, 

or  coi5nterfeited,  or  transmits  to  or  presents  at  the  office  of  any  officer  of 

the  United  States  any  such  false,  forged,  altered,  or  counterfeited  bid, 

proposal,  guarantee,  official  bond,  public  record,  affidavit,  or  other  writr 

ing,  knowing  the  same  to  be  false,  forged,  altered,  or  counterfeited,  for 

*  such  purpose,  shall  be  imprisoned  at  hard  labor  for  a  period  not  more 

than  ten  years,  or  be  fined  not  more  than  one  thousand  dollars,  or  be 

punished  by  both  such  fine  and  imprisonment.     [See  ^  5479.] 

5  April,  1866,  s.  1,  v.  14,  p.  12. 

Forging  deed,  Sec.  5421.  Every  person  who  falsely  makes,  alters,  forges,  or  counter- 
power  of  attor-  feits ;  or  causes  or  procures  to  be  falsely  made,  altered,  forged,  or  coun- 
noy,  <fcc.  terfeited;  or  willingly  aids  or  assists  in  the  false  making,  altering,  forg- 

ing, or  counterfeiting,  any  deed,  power  of  attorney,  order,  certificate, 
receipt,  or  other  wi  iting,  i'or  the  x>urpo.se  of  obtaining  or  recei  viug,  or  of 
enabling  any  other  person,  either  directly  or  indiiectly,  to  obtain  or  re- 


FRAUD,  FORGERY,  THEFT,  ETC.  227 

ceive  from  the  United  States,  or  any  of  their  officers  or  agents,  any  sum 
of  money  ;  or  who  uttei-s  or  publishes  as  true,  or  causes  to  be  uttered  or 
publislied  as  true,  any  such  false,  forged,  altered,  or  counterfeited  deed, 
power  of  attorney,  order,  certilicate,  receipt,  or  other  writing,  with  in- 
tent to  defraud  the  United  States,  knowing  the  same  to  be  false,  altered, 
forged,  or  counterfeited  ;  or  who  transmits  to,  or  presents  at,  or  causes 
or  procures  to  be  transmitted  to,  or  presented  at,  any  office  or  officer  of 
the  Government  of  the  United  States,  any  deed,  power  of  attorney,  or- 
der, certificate,  receipt,  or  other  writing,  in  support  of,  or  in  relation  to, 
any  account  or  claim,  with  intent  to  defraud  the  United  States,  know- 
png  the  same  to  be  false,  altered,  forged,  or  counterfeited,  shail  be  im- 

risoned  at  hard  labor  for  a  period  of  not  less  than  one  year  nor  more 
iihau  ten  years;  or  shall  be  imprisoned  not  more  than  five  years,  and 

ned  not  more  than  one  thousand  dollars. 
3  March,  1823,  s.  1,  v.  3,  p.  771. 

Sec.  5422.  Every  person  who,  knowingly  and  with  intent  to  defraud     Having  forged 
the  United  States,  has  in  his  possession  any  false,  altered,  forged,  or  P.^^pers  in  posses- 
counterfeited  deed,  power  of  attorney,  order,  certificate,  receipt,  or  ^^^"* 
other  writing,  for  the  purpose  of  enabling  another  to  obtain  from  the 
United  States,  or  any  of  their  officers  or  agents,  any  sum  of  money, 
shall  be  fined  and  imprisoned  at  the  discretion  of  the  court. 
Jbid.,  8.  2,  p.  772. 

Sec.  5435.  Every  person  who  falsely  personates  any  true  and  lawful  .  False  persona- 
holder  of  any  share  or  sum  in  the  public  stocks  or  debt  of  the  United  ^lon  of  holder  of 
States,  or  any  person  entitled  to  any  annuity,  dividend,  pension,  prize-  ^"    ^^  ^  ^^  ^' 
money,  wages,  or  other  debt  due  from  the  United  States,  and,  under 
color  of  such  false  personation,  transfers  or  endeavors  to  transfer  such 
public  stock  or  any  part  thereof,  or  receives  or  endeavors  to  receive  the 
Inoney  of  such  true  and  lawful  holder  thereof,  or  the  money  of  any  per- 
son really  entitled  to  receive  such  annuity,  dividend,  pension,  prize- 
money,  wages,  or  other  debt,  shall  be  punished  by  a  tine  of  not  more 
than  five  thousand  dollars,  and  by  imprisonment  at  hard  labor  not 
more  than  ten  years. 

3  March,  1825,  s.  18,  v.  4,  p.  120. 

Sec.  5436.  Every  person  who  knowingly  or  fraudulently  demands  or     False  demand 
endeavors- to  obtain  any  share  or  sum  in  the  public  stocks  of  the  United  »»  fiau  d  ul  en  t 
States,  or  to  have  any  part  thereof  transferred,  assigned,  sold,  or  con-  ^^^^^  ^^  attor- 
veyed,  or  to  have  any  annuity,  dividend,  pension,  prize-money,  wages, 
or  other  debt  due  from  the  United  States,  or  any  part  thereof,  received 
or  paid  by  virtue  of  any  false,  forged,  or  counterfeited  power  of  attor- 
ney, authority,  or  instrument,  shall  be  punished  by  a  fine  of  not  more 
than  five  thousand  dollars,  and  by  imprisonment  at  hard  labor  not 
more  than  ten  years. 
Ibid. 

Sec.  5438.  Every  person  who  makes  or  causes  to  be  made,  or  presents  Making  orpre- 
or  causes  to  be  presented,  for  payment  or  approval,  to  or  by  any  person  sen  tin  g  false 
or  officer  in  the  civil,  military,  or  naval  service  of  the  United  States,  ^  *^'"^- 
any  claim  upon  or  against  the  Government  of  the  United  States,  or  any 
Department  or  officer  thereof,  knowing  such  claim  to  be  false,  fictitious, 
or  fraudulent,  or  who,  for  the  purpose  of  obtaining  or  aiding  to  obtain 
the  payment  or  approval  of  such  claim,  makes,  uses,  or  causes  to  be 
made  or  used,  any  false  bill,  receipt,  voucher,  roll,  account,  claim,  cer- 
tificate, affidavit,  or  deposition,  knowing  the  same  to  contain  any  fraud- 
ulent or  fictitious  statement  or  entry,  or  who  enters  into  any  agree- 
ment, combination,  or  conspiracy  to  defraud  the  Government  of  the 
United  States,  or  any  Department  or  officer  thereof,  by  obtaining  or 
aiding  to  obtain  the  payment  or  allowance  of  any  false  or  fraudulent 
claim,  or  who,  having  charge,  possession,  custody,  or  control  of  any 
money  or  other  public  property  used  or  to  be  used  in  the  military  or 
naval  service,  who,  with  intent  to  defraud  the  United  States  or  will- 
fully to  conceal  such  money  or  other  property,  delivers  or  causes  to  be 
delivered,  to  any  other  person- having  authority  to  receive  the  same, 
^any  amount  of  such  money  or  other  property  less  than  that  for  which 
|]ie  received  a  certificate  or  took  a  receipt,  and  every  person  authorized 
make  or  deliver  any  certificate,  voucher,  receipt,  or  other  paper  cor- 
bifying  the  receipt  of  arms,  ammunition,  provisions,  clothing,  or  other 
>roi)erty  so  used  or  to  be  used,  who  makes  or  delivers  the  same  to  any 


228  FRAUD, 

other  person  without  a  full  kuowledj^e  of  the  truth  of  the  facts  stated 
thereiu,  and  with  intent  to  defraud  the  United  States,  and  every  per- 
son who  knowingly  purchases  or  receives  in  pledge  for  any  obligation 
or  indebtedness  from  any  soldier,  officer,  sailor,  or  other  person  called 
into  or  employed  in  the  military  or  naval  service  any  arms,  equipments, 
ammunition,  clothes,  military  stores,  or  other  public  property,  such 
soldier,  sailor,  officer,  or  other  person  not  having  the  lawful  right  to 
pledge  or  sell  the  same,  every  person  so  offending  in  any  of  the  matters 
set  forth  in  this  section  shall  be  imprisoned  at  hard  labor  for  not  less 
than  one  nor  more  than  five  years,  or  fined  not  less  than  one  thousand 
uormor«  than  five  thousand  dollars.  [See^$  3490,  3491,  under  Claims.] 
2  March,  1863,  ss.  1,  3,  v.  12,  pp.  696,  698. 

Embczzlins  Sec.  5439.  Every  person  who  steals  or  embezzles,  or  knowingly  ap- 
arms,  stores,  <fcc.  pjigg  iq  i^jg  own  use,  or  who  unlawfully  sells,  conveys,  or  disposes  of, 
any  ordnance,  arms,  ammunition,  clothing,  subsistence  stores,  money, 
or  other  property  of  the  United  States,  furnished  or  to  be  used  for  the 
military  or  naval  service,  shall  be  punished  as  prescribed  in  the  preced- 
ing section. 

Ibid. 

Allparticstoa  ggc.  5440.  If  two  or  more  persons  conspire  either  to  commit  any 
ecMialfv^cuiitV  ^  offense  against  the  United  States,  or  to  defraud  the  United  States  in  any 
manner  or  for  any  purpose,  and  one  or  more  of  such  parties  do  any  act 
to  effect  the  object  of  the  conspiracy,  all  the  parties  to  such  conspiracy 
shall  be  liable  to  a  penalty  of  not  less  than  one  thousand  dollars  and 
not  more  than  ten  tliousand  dollars,  and  to  imjirisoament  not  more  than 
two  years. 

2  March,  1867,  s.  30,  v.  14,  p.  484. 
17  May,  1879,  v.  21,  p.  4. 

Delaying  or  de  Skc.  5441.  Every  person  who  willfully  does  any  act  or  aids  or  advises 
OT  claira"ant^&^c  "^  ^'^  ^^^  doing  of  any  act  relating  to  the  bringing  in,  custody,  preserva- 
of  prize-prop- tion,  sale,  or  other  disposition  of  any  x^roperty  captured  as  prize,  or 
erty.  relating  to  any  documents  or  papers  connected  with  the  property,  or  to 

any  deposition  or  other  document  or  paper  connected  with  the  proceed- 
ings, with  intent  to  defraud,  delay,  or  injure  the  United  States  or  any 
captor  or  claimant  of  such  property,  shall  be  punished  by  a  fine  of  not 
more  than  ten  thousand  dollars,  or  by  imprisonment  not  morfe  than  five 
years,  or  both.  [See  ^  4613-4652,  Prize.] 
30  June,  1864,  8.  31,  v.  13,  p.  315. 

Kobbery  or  lar-     Sec.  5456.  Every  person  who  robs  another  of  any  kind  or  description 

ceny  o|  personal  of  personal  property  belonging  to  the  United  States,  or  feloniously  takes 

?fmU(l  States.  ^  ^^^  carries  away  the  same,  shall  be  punished  by  a  tine  of  not  more  than 

five  thousand  dollars,  or  by  imprisonment  at  hard  labor  not  less  than 

one  nor  more  than  ten  years,  or  by  both  such  fine  and  imprisonment. 

2  March,  1867,  chap.  193,  v.  14,  p.  557.  ' 

Count <rfeiting  gEc.  5479.  If  any  person  shall  falsely  make,  alter,  forge,  or  counter- 
bid,  bond,  &c.  £^^^^^  Qj,  cause  or  procure  to  be  falsely  made,  altered,  forged,  or  counter- 
feited, or  willingly  aid,  or  assist  in  the  false  making,  altering,  forging, 
or  counterfeiting,  any  bond,  bid,  proposal,  guarantee,  security,  official 
b  md,  public  record,  affidavit,  or  other  writing  for  the  purpose  of  defraud- 
ing the  United  States;  or  shall  utter  or  publish  as  true,  or  cause  to  be 
uttered  or  published  as  true,  any  such  false,  forged,  altered,  or  counter- 
feited bond,  bid,  proposal,  guarantee,  security,  official  bond,  public  rec- 
ord, affidavit,  or  other  writing,  for  the  purpose  of  defrauding  the  United 
States,  knowing  the  same  to  be  false,  forged,  altered,  or  counterfeited; 
or  shall  transmit  to,  or  x)resent  at,  or  cause  to  or  procure  to  be  transmitted 
to,  or  presented  at,  the  office  of  any  officer  of  the  United  States,  any 
such  false,  forged,  altered,  or  counterfeited  bond,  bid,  proposal,  guar- 
antee, security,  official  bond,  public  record,  affidavit,  or  other  writing, 
knowing  the  same  to  be  false,  forged,  altered,  or  counterfeited,  for  the 
purpose  of  defrauding  the  United  States,  shall  be  punishable  by  a  fine 
of  not  more  than  one  thousand  dollars,  or  by  imprisoument  at  hard 
labor  for  not  more  than  ten  years,  or  by  both  such  punishments.  [See 
$  5418.] 

8  J  uue,  1872,  s.  294,  v.  17,  p.  320. 

27  Feb.,  1877,  chap.  69,  v.  19,  p.  253. 


GI/ANO   ISLANDS.  229 

Be  it  enacled  bi/  the  Senate  and  Home  of  Representatives  of  the  United  Slates    March  3, 1875. 
of  America  in  Congress  assembled,  That  auy  person  who  shall  embezzle,     EVnbezzUng, 
steal,  or  purloin   any  money,  property,  record,  voucher,  or  valuable  stealing,  &c.! 
tiling  whatever,  of  the  moneys,  goods,  chattels,  records,  or  property  of  from   United 
the  United  States,  shall  be  deemed  guilty  of  felon v,  and  on  conviction  J^^t<*8  deemed 
thereof  before  the  district  or  circuit  court  of  the  United  States  in  the  ^^^'^^"^  •  P'^"^*'^^ " 
district  wherein  said  otfense  may  have  been  committed,  or  into  which 
he  shall  carry  or  have  in  possession  of  said  property  so  embezzled,  stolen, 
or  purloined,  shall  be  punished  therefor  by  imprisonment  at  hard  labor 
in  the  penitentiary  not  exceeding  five  years,  or  by  a  hue  not  exceeding 
five  thousand  dollars,  or  both,  at  the  discretion  of  the  court  before  which 
he  shall  be  convicted. 

Skc.  2.  That  if  any  person  shall  receive,  conceal,  or  aid  in  concealing.     Knowingly  re- 
or  have,  or  retain  in  his  possession  with  intent  to  convert  to  his  own  ceiving,  conceal- 
use  or  gain,  any  money,  property,  record,  voucher,  or  valuable  thing  J^'K-  ^ronert^v^of 
whatever,  of  the  moneys,  goods,  chattels,  records,  or  property  of  the  ^  i/'g^u^  i^e  ^^ 
United  States,  which  hastheretoforebeen  embezzled,  stolen,  or  purloined  states;  penalty, 
from  the  United  States  by  any  other  person,  knowing  the  same  to  have 
been  so  embezzled,  stolen,  or  j^urloined,  such  person  shall,  on  conviction 
before  the  circuit  or  district  court  of  the  United  States  in  the  district 
wherein  he  may  have  such  property,  be  punished  by  a  fine  not  exceeding  , 

five  thousand  dollars,  or  imprisonment  at  hard  labor  in  the  penitentiary 
not  exceeding  five  years,  one  or  both,  at  the  discretion  of  the  court 
before  which  he  shall  be  convicted ;  and  such  receiver  may  be  tried     May   be  tried 
either  before  or  after  the  conviction  of  the  principal  felon,  but  if  ^'^^  convTctTon  o  f 
party  has  been  convicted,  then  the  judgment  against  him  shall  be  con- principal, 
elusive  evidence  in  the  prosecution  against  such  receiver  that  the  prop- 
erty of  the  United  States  therein  described  has  been  embezzled,  stolen, 
or  purloined. 

Approved,  March  3,  1875. 


GUANO  ISLANDS. 


Sec. 

5570.  Claim  of  United  States  to  islands. 

5571.  Notice  of  discovery,  and  proofs  to  be  fur- 

nished. 

5572.  Completion  of  proof  in  case  of  death  of  dis-  !  5577.  Employment  of  land  and  naval  forces. 

coverer.  j   5578.  Right  to  abandon  island. 

5573.  Exclusive  privileges  of  discoverer.  | 


Sec. 

5.574.  Restrictions  upon  exportation. 

5575.  Regulation  of  guano  trade. 

5576.  Criminal  jurisdiction. 


Sec.  5570.  Whenever  any  citizen  of- the  United  States  discovers  a        Title  72. 
deposit  of  guano  on  any  island,  rock,  or  key,  not  within  the  lawful  juris-  "ZT'.      „^  .    , 
diction  of  any  other  government,  and  not  occupied  by  the  citizens  of  any  state™ to  islands, 
other  government,  and  takes  peaceable  possession  thereof,  and  occupies 
the  same,  such  island,  rock,  or  key  may,  at  the  discretion  of  the  Presi- 
dent, be  considered  as  appertaining  to  the  United  States. 
18  Aug.,  1856,  8. 1,  V.  11,  p.  119. 

Sec.  5571.  The  discoverer  shall,  as  soon  as  practicable,  give  notice?     Notice  of  dia- 
verified  by  affidavit,  to  the  Department  of  State,  of  such  discovery,  oc-  proofs ^to'be^lur- 
cupation,  and  possession,  describing  the  island,  rock,  or  key,  and  the  lat-  nished. 
itude  and  longitude  thereof,  as  near  as  may  be,  and  showing  that  such 
possession  was  taken  in  the  name  of  the  United  States;  and  shall  fur- 
nish satisfactory  evidence  to  the  State  Department  that  such  island, 
rock,  or  key  was  not,  at  the  time  of  the  discovery  thereof,  or  of  the 
taking  possession  and  occupation  thereof  by  the  claimants,  in  the  pos- 
session or  occupation  of  any  other  government  or  of  the  citizens  of  any 
other  government,  before  the  same  shall  be  considered  as  appertaining 
to  the  United  States. 
Ibid. 

Sec.  .5572.  If  the  discoverer  dies  before  perfecting  proof  of  discovery     Completion  of 
or  fully  complying  with  the  provisions  of  the  preceding  section,  his  J^^^^f  ^^  ^^.^^  ^^ 
widow,  heir,  executor,  or  administrator,  shall  be  entitled  to  the  benefit8,^J|^'^  ^*  discov- 
of  such  discovery,  upon  complying  with  the  provisions  of  this  Title ;  but 
nothing  herein  shall  be  held  to  impair  any  rights  of  discovery  or  any 
assignment  by  a  discoverer  heretofore  recognized  by  the  United  States. 
2  April,  1872,  8.1,  v.  17,  p.  48. 


^30 


HABEAS    CORPUS. 


^' 


Exclusive priv-      Sec.  5573.  The  discoverer,  or  his  assigns,  being  citizens  of  the  United 

ileges  of  discov-  States,  may  be  allowed,  at  the  pleasure  of  Congress,  the  exclusive  right 

^^^^'  of  occupying  such  islands,  rock,  or  keys,  for  the  purpose  of  obtaining 

guano,  and  of  selling  and  delivering  the  same  to  citizens  of  the  United 

States,  to  be  used  therein,  and  may  be  allowed  to  charge  and  receive  for 

every  ton  thereof  delivered  alongside  a  vessel,  in  proper  tubs,  within 

.  reach  of  ship's  tackle,  a  sum  not  exceeding  eight  dollars  per  ton  for  the 

best  quality,  or  four  dollars  for  every  ton  taken  while  in  its  native  place 

of  deposit. 

18  Au^.,  1856,  8.  2,  V.  11,  p.  119, 

Re  stric  tious  Sec.  .5574.  No  guano  shall  be  taken  from  any  such  island,  rock,  or  key, 
upon  e  xp  ort  a-  except  for  the  use  of  the  citizens  of  the  tJnited  States,  or  of  persons  res- 
ident therein.  The  discoverer,  or  his  widow,  heir,  executor,  administra- 
tor, or  assigns,  shall  enter  into  bond,  in  such  penalty  and  with  such  sure- 
ties as  may  be  required  by  the  President,  to  deliver  the  guano  to  citi- 
zens of  the  United  States,  for  the  purpose  of  being  used  therein,  and  to 
none  others,  and  at  the  price  prescribed,  and  to  provide  all  necessary 
facilities  for  that  purpose  within  a  time  to  be  fixed  in  the  bond;  and 
any  breach  of  the  provisions  thereof  shall  be  deemed  a  forfeiture  of  all 
rights  accruing  under  and  by  virtue  of  this  Title.  This  section  shall, 
however,  be  suspended  in  relation  to  all  persons  who  have  complied 
with  the  provisions  of  this  Title,  for  five  years  from  and  after  the  four- 
teenth day  of  July,  eighteen  hundred  and  seventy-two. 

28  July,  1866,  8.  3,  v.  14,  p.  328. 
2  April,  1872,  s.  1.  v.  17,  p.  48. 

Eegulation  o  f     Sec.  5.575.  The  introduction  of  guano  from  such  islands,  rocks,  or  keys, 
guano  trade.        shall  be  regulated  as  in  the  coasting-trade  between  different  parts  oi 
the  United  States,  and  the  same  la ws^hall  govern  the  vessels  concerned 
therein. 

18  Aug.,  1856,  8.  3,  V.  11,  p.  120. 

Sec.  5576.  All  acts  done,  and  offenses  or  crimes  committed,  on  any  such 
island,  rock,  or  key,  by  persons  who  may  land  thereon,  or  in  the  waters 
adjacent  thereto,  shall  be  deemed  committed  on  the  high  seas,  on  board 
a  merchant-ship  or  vessel  belonging  to  the  United  States;  and  shall  be 
punished  according  to  the  laws  of  the  United  States  relating  to  such 
ships  or  vessels  and  offenses  on  the  high  seas,  which  laws  for  the  pur- 
pose aforesaid  are  extended  over  such  islands,  rocks,  and  keys. 
Ibid.,  8.  6. 

Employment  Sec.  5577.  ThePresident  is  authorized,  at  his  discretion,  to  employ  the 
of  land  and  naval  laud  and  naval  forces  of  the  United  States  to  protect  the  rights  oi*  the 
torce8.  discoverer  or  of  his  widow,  heir,  executor,  administrator,  or  assigns. 

Ibid.,  8.  5. 

Eight  to  aban-  Sec.  5578.  Nothing  in  this  Title  contained  shall  be  construed  as  oblig- 
don  i8lands.  ing  the  United  States  to  retain  possession  of  the  islands,  rocks,  or  keys, 

after  the  guano  shall  have  been  removed  from  the  same. 
Ibid.,  8.  4. 


Criminal  juris- 
diction. 


HABEAS  COEPUS. 


Sec. 
760. 


761 
762 


764. 


Sec. 

751.  Power  of  courts  to  issue  writs  of  habeas  cor- 

pus. 

752.  Power  of  judges  to  grant  writs  of  habeas  cor- 

pus. 

753.  "Writs  of  habeas  corpus  when  prisoner  is  in 

jail. 

754.  Application  for  the  writ  of  habeas  corpus. 

755.  Allowance  and  direction  of  the  writ. 

756.  Time  of  return. 

757.  Form  of  return. 

758.  Body  of  the  party  to  be  produced. 

759.  Day  for  hearing. 

Sec.  751.  The  Supreme  Court  and  the  circuit  and  district  courts  shall  Title  13,tliap.  13 
have  i)ower  to  issue  writs  of  habeas  corpus.  Power  of  courts 

24  Sept.,1789,  8. 14,  V.  l,p.  81.  to  issue  writs  of 

10  April,  1869,  s.  2,  v.  16,  p.  44.  habeas  corpus. 

2  March,  1833,  s.  7,  v.  4,  p.  634. 
5  Feb.,  1867,  s.  1,  v.  14,  p.  385. 
29  Aug.,  1842,  8. 1,  V.  5,  p.  539. 


Denial  of  return,  counter-allegations,  amend- 
ments. 

Summary  hearing;  disposition  of  party. 

In  cases  involving  the  law  of  nations,"^ notice 
to  be  served  on  State  attorney-general. 

Appeals  in  cases  of  habeas  cor'pxis  to  circuit 
court. 

Appeal  to  Supreme  Conrt. 

765.  Appeals,  how  taken. 

766.  Pending  proceedings  in  certain  cases,  action 

by  State  authority  void. 


HABEAS    CORPUS.  231 

Sec.  752.  The  several  justices  and  judges  of  the  said  courts,  within  -Power  of  judges 
their  respective  jurisdictions,  shall  have  power  to  grant  writs  of  habeas  habeas^co^m^ 
corpus  for  the  purpose  of  an  inquiry  into  the  cause  of  restraint  of  lib- 
erty. 

Idem:  ■ 

Sec.  753.  The  writ  of  habeas  corpus  shall  in  no  case  extend  to  apris-    ^"t  of  habeas 
oner  in  jail,  unless  where  he  is  in  custody  under  or  by  color  of  the  au-  oSTsTn  iaif"^ 
thority  of  the  United  States,  or  is  committed  for  trial  before  some  court 
thereof;  or  is  in  custody  for  an  act  done  or  omitted  in  pursuance  of  a 
law  of  the  United  States,  or  of  an  order,  process,  or  decree  of  a  court 
or  judge  thereof;  or  is  in  custody  in  violation  of  the  Constitution  or  of 
a  law  or  treaty  of  the  United  States ;  or,  being  a  subject  or  citizen  of  a 
foreign  state,  and  domiciled  therein,  is  in  custody  for  an  act  done  or 
omitted  under  any  alleged  right,  title,  authority,  privilege,  protection, 
or  exemption  claimed  under  the  commission,  or  ordei,  or  sanction  of 
any  foreign  state,  or  under  color  thereof,  the  validity  and  effect  whereof 
dejaend  upon  the  law  of  nations ;  or  unless  it  is  necessary  to  bring  the 
prisoner  into  court  to  testify. 
Idem. 

Sec.  754.  Application  for  a  writ  of  habeas  corpus  shall  be  made  to  the    Application  for 
court  or  justice,  or  judge  authorized  to  issue  the  same,  by  complaint  *^®^^**'^^***^ 
in  writing,  signed  by  the  person  for  whose  relief  it  is  intended,  setting  ^^^ 
forth  the  facts  concerning  the  detention  of  the  party  restrained,  in 
whose  custody  he  is  detained,  and  by  virtue  of  what  claim  or  authority, 
if  known.     The  facts  set  forth  in  the  complaint  shall  be  verified  by  the 
oath  of  the  person  making  the  application. 
5  Feb.,  1867,  s.  1,  v.  14,  p.  385. 

Sec.  755.  The  court,  or  justice,  or  judge  to  whom  such  application  is     Allowance  and 
made  shall  forthwith  award  a  writ  of  habeas  corpus,  unless  it  appear,  direction  of  the 
from  the  petition  itself  that  the  party  is  not  entitled  thereto.     The """"  ' 
writ  shall  be  directed  to  the  person  in  whose  custody  the  party  is  de- 
tained. 

Idem. 

Sec.  756.  Any  person  to  whom  such  writ  is  directed  shall  make  due     Time  of  return, 
return  thereof  within  three  days  thereafter,  unless  the  party  be  detained 
beyond  the  distance  of  twenty  miles;  and  if  beyond  that  distance  and 
not  beyond  a  distance  of  a  hundred  miles,  within  ten  days ;  and  if  be- 
yond the  distance  of  a  hundred  miles,  within  twenty  days. 
Idem. 

Sec.  757.  The  person  to  whom  the  writ  is  directed  shall  certify  to  the    Form  of  return, 
court,  or  justice,  or  judge  before  whom  it  is  returnable  the  true  cause 
of  the  detention  of  such  party. 
Idem. 
Sec.  758.  The  person  making  the  return  shall  at  the  same  time  bring    Body  of   the 
the  body  of  the  party  before  the  judge  who  granted  the  writ.  SuceV"        ^^^ 

Idem. 

Sec.  759.  When  the  writ  is  returned,  a  day  shall  be  set  for  the  hear-     Day  for  hear- 
ing of  the  cause,  not  exceeding  five  days  thereafter,  unless  the  party  i°g- 
petitioning  requests  a  longer  time. 
Idem. 

Sec.  760.  The  petitioner  or  the  party  imprisoned  or  restrained  may     Denial   of  re- 
deny  auy  of  the  facts  set  forth  in  the  return,  or  may  allege  any  other  tnrn  ^counter-al- 
facts  that  maybe  material  in  the  case.     Such  denials  or  allegations  j^^jj^g"*^^'*™ 
shall  be  under  oath.     The  return  and  all  suggestions  made  against  it  - 
may  be  amended,  by  leave  of  the  court,  or  justice,  or  judge,  befctre  or 
after  the  same  are  filed,  so  that  thereby  the  material  facts  may  be  as- 
certained. 

Idem. 

Sec.  761.  The  court,  or  justice,  or  judge  shall  proceed  in  a  summary    Summary  hear- 
way  to  determine  the  facts  of  the  case,  by  hearing  the  testimony  and^^S:    disposition 
arguments,  and  thereupon  to  dispose  of  the  party  as  law  and  justice      P^'^^y- 
require. 

Idem. 


232 


HOMESTEADS. 


In  c  a  8  e  a  in-  Sec.  762.  When  a  writ  of  habeas  corpus  is  issued  in  the  case  of  any 
of  iTadons^notice  P^'^^f^i^^^^  who,  being  a  subject  or  citizen  of  a  foreign  state  and  donii- 
to  be  served  on  ciled  therein,  is  committed,  or  confined,  or  in  custody,  by  or  under  th& 
State  attorney- authority  or  law  of  any  one  of  the  United  Stiites,  or  process  founded 
general.  thereon,  on  account  of  any  act  done  or  omitted  under  any  alleged  right, 

title,  authority,  privilege,  protection,  or  exemption  claimed  under  the 
commission  or  order  or  sanction  of  any  foreign  state,  or  under  color 
thereof,  the  validity  and  effect  whereof  depend  upon  the  law  of  nations, 
notice  of  the  said  proceeding,  to  be  prescribed  by  the  court,  or  justice, 
or  judge  at  the  time  of  granting  said  writ,  shall  be  served  on  the  at- 
torney-general or  other  officer  prosecuting  the  pleas  of  said  State,  and 
due  proof  of  such  service  shall  be  made  to  the  court,  or  justice,  or  judge 
before  the  hearing. 

29  Aug.,  1842,  V.  5,  p.  539. 

Appeal  8  in      Sec.  763.  From  the  final  decision  of  any  court,  justice,  or  judge  in- 

corpus  to  cScuit  ^^^^^^  ^^  ^^^^  circuit  court,  upon  an  application  for  a  writ  of  habeas 

court.  corpus  or  upon  such  writ  when  issued,  an  appeal  may  be  taken  to  the 

circuit  court  for  the  district  in  which  the  cause  is  heard : 

1.  In  the  case  of  any  person  alleged  to  be  restrained  of  his  liberty  in 
violation  of  the  Constitution,  or  of  any  law  or  treaty  of  the  United  States. 

2.  In  the  case  of  any  prisoner  who,  being  a  subject  or  citizen  of  a  for- 
eign state,  and  domiciled  therein,  is  committed  or  confined,  or  in  cus- 
tody by  or  under  the  authority  or  law  of  the  United  States,  or  of  any 
State,  or  process  founded  thereon,  for  or  on  account  of  any  act  done  or 
omitted  under  any  alleged  right,  title,  authority,  privilege,  protection, 
or  exemption,  set  up  or  claimed  under  the  commission,  order,  or  sanc- 
tion of  any  foreign  state  or  sovereignty,  the  validity  and  effect  whereof 
depend  upon  the  law  of  nations,  or  under  color  thereof. 

29  Aiig.,  1842,  V.  5,  p.  539. 
5  Feb.,  1867,  s.  1,  v.  14,  p.  385. 
27  March,  1868,  s.  2,  v.  15,  p.  44. 

Sec.  764.  From  the  final  decision  of  such  circuit  court  an  appeal  jnay 
be  taken  to  the  Supreme  Court  in  the  cases  described  in  the  last  clause 
of  the  preceding  section. 

29  Aug.,  1842,  v.  5,  p.  539. 

Appeals,  bow  Sec.  765.  The  appeals  allowed  by  the  two  preceding  sections  shall  be 
taken.  taken  on  such  terms,  and  under  such  regulations  and  orders,  as  well  for 

the  custody  and  appearance  of  the  person  alleged  to  be  in  prison  or  con- 
fined or  restrained  of  his  liberty,  as  for  sending  up  to  the  appellate  tri- 
bunal a  transcript  of  the  petition,  writ  of  habeas  corpus,  return  thereto, 
and  other  proceedings,  as  may  be  prescribed  by  the  Supreme  Court,  or^ 
in  default  thereof,  by  the  court  or  judge  hearing  the  cause. 

29  Aug.,  1842,  V.  5,  p.  539. 

5  Feb.,  1867,  s.  1,  v.  14,  p.  385. 

Pending  pro-     Sec.  766.  Pending  the  proceedings  or  appeal  in  the  cases  mentioned 

taSi  cat e8,^acSon  ^^  *^®  three  preceding  sections,  and  until  final  judgment  therein,  and 

by  State  author-  after  final  judgment  of  discharge,  any  proceeding  against  the  person  so 

ity  void.  imprisoned  or  confined  or  restrained  of  his  liberty,  in  any  State  court^ 

or  by  or  under  the  authority  of  any  State,  for  any  matter  so  heard  and 

determined,  or  in  process  of  being  heard  and  determined,  under  such 

writ  of  habeas  corpus,  shall  be  deemed  null  and  void. 

Idem. 


Appeal  to  Su 
preme  Court. 


HOMESTEADS. 


Sec. 

2289.  Who  may  enter  certain  unappropriated  piib- 

lic  lands. 

2290.  Mode  of  procedure. 

2291.  Certificate  and  patent,  when  given  and  is- 

sued. 

2292.  "When  rights  inure  to  the  benefit  of  infant 

children. 

2293.  Persons  in  military  or  naval  service,  when 

and  before  whom  to  make  affidavit. 

2296.  Homestead  lands  not  to  be  subject  to  prior 

debts. 

2297.  When  lands  entered  for  homesteads  revert 

to  Government. 

2298.  Limitation  of  amount  entered  for  homestead. 
2300.  What  minors  may  have  the  privileges  of 

this  chapter. 


Sec. 

2301.  Payment  before  expiration  of  five  years, 
rights  of  applicant. 

2304.  Soldiers'  and  sailors'  homestead. 

2305.  Deduction  of  military  and  naval  service  from 

time,  &c. 

2306.  Persons  who   have    entered  less  than  160 

acres,  rights  of. 

2307.  Widows  and  minor  children  of  persons  enti- 

tled to  homestead,  (fee. 

2308.  Actual  service  in  the  Army  or  Navy  equiva- 

lent to  residence,  &c. 

2309.  Who  may  enter  by  agent. 

2317.  Cultivation  of  trees  on  homestead  tracts. 


HOMESTEADS.  233 

Sec.  2289.  Every  person  who  is  the  head  of  a  family,  or  who  has  ar-  Title  82,  Chap.  5. 
rived  at  the  age  of  twenty-one  years,  and  is  a  citizen  of  the  United  ~w"ho  may  enter 
States,  or  who  has  filed  his  declaration  of  intention  to  become  such,  as  certdin  unappro- 
rt>(iuired  by  the  naturalization  laws,  shall  be  entitled  to  enter  one  quar-  priated  lauife. 
tia-section  or  a  less  quantity  of  unappropriated  public  lands,  upon  which 
such  person  may  have  filed  a  pre-emption  claim,  or  which  may,  at  Ihe 
liiiiothe  application  is  made,  be  subject  to  pre-emption  at  one  dollar 
and  twenty-five  cents  per  a<;re  ;  or  eighty  acres  or  less  of  such  unappro- 
piiated  lauds,  at  two  dollars  and  fifty  cents  per  acre,  to  be  located  in 
a  body,  in  conformity  to  the  legal  subdivisions  of  the  public  lands,  and 
after  the  same  have  been  surveyed.     And  every  person  owning  and  re- 
siding on  land  may,  under  the  provisions  of  this  section,  enter  other 
laud  lying  contiguous  to  his  land,  which  shall  not,  with  the  land  so  ^ 

already  owned  and  occupied,  exceed  in  the  aggregate  one  hundred  and 
sixty  acres.' 

20  May,  1862,  s.  1,  v.  12,  p.  392, 

11  Feb.,  1874,  chap.  25,  v.  18,  p.  15. 

Sec.  2290.  The  person  applying  for  the  benefit  of  the  preceding  sec-  Mode  of  pro- 
tiou  shall,  upon  application  to  the  register  of  the  land-office  in  which  cedure. 
Iu5  is  about  to  make  such  entry,  make  affidavit  before  the  register  or 
receiver  that  he  is  the  head  of  a  family,  or  is  twenty-one  years  or  more 
of  age,  or  ha'S  performed  service  in  the  Army  or  Navy  of  the  United 
States,  and  that  such  application  is  made  for  his  exclusive  use  and 
benefit,  and  that  his  entry  is  made  for  the  purpose  of  actual  settlement 
and  cultivation,  and  not  either  directly  or  indirectly  for  the  use  or  bene- 
fit of  any  other  person  ;  and  upon  filing  such  affidavit  with  the  regis- 
ter or  receiver,  on  payment  of  five  dollars  when  the  entry  is  of  not  more 
than  eighty  acres,  and  on  payment  of  ten  dollars  when  the  entry  is  for 
more  than  eighty  acres,  he  shall  thereupon  be  permitted  to  enter  the 
amount  of  land  specified. 

20  May,  1862,  s.  2,  v.  12,  p.  392. 

21  March,  1864,  s.  2,  v.  13,  p.  35. 
21  June,  1866,  s.  2,  v.  14,  p.  67. 

Sec.  2291.  No  certificate,  however,  shall  be  given,  or  patent  issued     Certificate  and 
therefor,  until  the  expiration  of  five  years  from  the  date  of  such  entry  ;  SivenandisrueT. 
and  if  at  the  expiration  of  such  time,  or  at  any  time  within  two  years  '^ 
thereafter,  the  person  making  such  entry  ;  or  if  he  be  dead,  his  widow; 
or  in  case  of  hex  death,  his  heirs  or  devisee ;  or  in  case  of  a  widow  mak- 
ing such  entry,  her  heirs  or  devisee,  in  case  of  her  death,  proved  by  two 
credible  witnesses  that  he,  she,  or  they  have  resided  upon  or  cultivated 
the  same  for  the  term  of  five  years  immediately  succeeding  the  time  of 
filing  the  affidavit,  and  n  akes  affidavit  that  no  part  of  such  land  has 
been  alienated,  except  as  provided  in  section  twenty-two  hundred  and 
eighty-eight,*  and  that  he,  she,  or  they  will  bear  true  allegiance  to  the  , 

Government  of  the  United  States ;  then,  in  such  case,  he,  she,  or  they, 
if  at  that  time  citizens  of  the  United  States,  shall  be  entitled  to  a  patent, 
as  in  other  cases  provided  by  law. 

21  June,  1866,  s.  2,  v.  14,  p.  67. 
3  March,  1877,  v.  19,  p.  403. 
[An  act  approved  March  3,  1877,  chap.  122,  v.  19,  p.  403,  amendatory  to  this 
section,  prescribes  before  whom  oaths  of  proof  of  residence,  &c.,  may  be  taken. 
There  are  also  sundry  acts  relating  to  homesteads  which  were  not  considered 
essential  in  this  compilation.] 

Sec.  2292.  In  case  of  the  death  of  both  father  and  mother,  leaving  an     When  rights 
infant  child  or  children  under  twenty-one  years  of  age,  the  right  and  i^ure  to  the  ben- 
fee  shall  inure  to  the  benefit  of  such  infant  child  or  children  ;  and  the  |flt of  infant chil- 
executor,  administrator,  or  guardian  may,  at  any  time  within  two  years 
after  the  death  of  the  surviving  parent,  and  in  accordance  with  the  law 
of  the  State  in  which  such  children,  for  the  time  being,  have  their  dom- 
icile, sell  the  land  for  the  benefit  of  such  infants,  but  for  no  other  pur- 
pose; and  the  purchaser  shall  acquire  the  absolute  title  by  the  pur- 
chase, and  be  entitled  to  a  patent  from  the  United  States  on  the  pay- 
ment of  the  office-fees  and  sum  of  money  above  specified. 
21  June,  1866,  s.  2,  v.  14,  p.  67. 

Sec.  2293.  In  case  of  any  person  desirous  of  availing  himself  of  the  .  Persons  in  mil- 
benefits  of  this  chapter;  but  who,  by  reason  of  actual  service  in  the  ^^^^^  ^^  Vl7e*n 
military  or  naval  service  of  the  United  States,  is  unable  to  do  the  per-  and  before  whom 

— — ■ — — — — to  make  affidavit. 

*  Transferred  for  church,  cemetery,  or  school  purposes,  orforrightof  way  of  railroads. 


234  HOMESTEADS. 

soual  preliminary  acta  at  the  district  land-office  which  the  preceding 
sections  require  ;  and  whose  family,  or  some  member  thereof,  is  resid- 
ing on  tbe  land  which  he  desires  to  enter,  and  upon  whicli  a  bona-fide 
improvement  and  settlement  have  been  made,  such  person  may  make 
the  affidavit  required  by  law  before  the  officer  commanding  in  the  branch 
of  the  service  in  which  the  party  is  engaged,  which  affidavit  shall  be  as 
binding  in  law,  and  with  like  pena'lties,  as  if  taken  before  the  register 
or  receiver  ;  and  upon  such  affidavit  being  filed  with  the  register  by  the 
wife  or  other  representative  of  the  party,  the  same  shall  become  eifect- 
ive  from  the  date  of  such  filing,  provided  the  application  and  affidavit 
are  accompanied  by  the  fee  and  commissions  as  required  by  law. 
^  21  March,  1864,  s.  4,  v.  13,  p.  35. 

Homestead  Sec.  2296*.  No  lands  acquired  under  the  provisions  of  this  chapter 
lands  not  to  be  gball  in  any  event  become  liable  to  the  satisfaction  of  any  debt  con- 
llhiT  ^"^  ^"'"'  tracted  prior  to  the  issuing  of  the  patent  therefor. 

20  May,  1862,  s.  4,  v.  12,  p.  393. 

Whenlandsen-  Sec.  2297.  If,  at  any  time  after  the  filing  of  the  affidavit,  as  required 
tered  for  home-  jq  section  twenty-two  hundred  and  ninety,  and  before  the  expiration  of 
Oovemiuent.  ^  *^®  ^^®  years  mentioned  in  section  twenty-two  hundred  and  ninety-one, 
it  is  proved,  after  due  notice  to  the  settler,  to  the  satisfaction  of  the 
register  of  the  iand-office,  that  the  person  having  filed  stich  affidavit 
has  actually  changed  his  residence,  or  abandoned  the  land  for  more  than 
six  months  at  any  time,  then  and  in  that  event  the  land  so  entered  shall 
revert  to  the  Government. 

20  May,  1862,  s.  5,  v.  12,  p.  393. 

[An  act  approved  21  April,  1876,  chap.  72,  v.  19,  p.  35,  provides  for  the  con- 
firmation of  entries  of  land  grants  prior  to  notice  of  withdrawal  of  lands.] 

Limitation  of  g^c.  2298.  No  person  shall  be  permitted  to  acquire  title  to  more  than 
fOT^homestead^*'    ®°®  quarter-section  under  the  provisions  of  this  chapter. 

20  May,  1862,  s.  6,  v.  12,  p.  393. 

What  minors      Sec.  2300.  No  person  who  has  served,  or  may  hereafter  serve,  for  a 

may  ha  V  «  *  |j  ^  period  not  less  than  fourteen  days  in  the  Army  or  Navy  of  the  United 

eh^tef.  ^^       ^^  States,  either  regular  or  volunteer,  under  the  laws  thereof,  during  the 

existence  of  an  actual  war,  domestic  or  foreign,  shall  be  deprived  of  the 

benefits  of  this  chapter  on  account  of  not  having  attained  the  age  of 

twenty-one  years. 

Ibid. 
Payment  before     Sec.  2301.  Nothing  in  this  chapter  shall  be  so  construed  as  to  prevent 
veaJs    Xhts  of  ^^^  person  who  has  availed  himself  of  the  benefits  of  section  twenty- 
applic'antf  two  hundred  and  eighty-nine,  from  paying  the  minimum  price  for  the 

quantity  of  land  so  entered,  at  any  time  before  the  expiration  of  the 
five  years,  and  obtaining  a  patent  therefor  from  the  Government,  as  in 
other  cases  directed  by  law,  on  making  proof  of  settlement  and  cultiva- 
tion as  provided  by  law,  granting  pre-emption  rights. 
Ibid.,  8.  8. 
Soldiers'  and  Sec.  2304.  Every  private  soldier  and  officer  who  has  served  in  the 
stead^^  home-  ^m^y  of  the  United  States  during  the  recent  rebellion,  for  ninety  days, 
and  who  was  honorably  discharged,  find  has  remained  loyal  to  the  Gov- 
ernment, including  the  troops  mustered  into  the  service  of  the  United 
States  by  virtue  of  the  third  section  of  an  act  approved  February  thir- 
teen, eighteen  hundred  and  sixty-two,  and  every  seaman,  marine,  and 
officer  who  has  served  in  the  Navy  of  the  United  States,  or  in  the  Marine 
Corps,  during  the  rebellion,  for  ninety  days,  and  who  was  hpnorably  dis- 
charged, and  has  remained  loyal  to  the  Government,  shall,  on  compli- 
ance with  the  provisions  of  this  chapter,  as  hereinafter  modified,  be  en- 
titled to  enter  upon  and  receive  patents  for  a  quantity  of  public  lands 
not  exceeding  one  hundred  and  sixty  acres,  or  one  quarter-section,  to  be 
taken  in  compact  form,  according  to  legal  subdivisions,  including  the 
alternate  reserved  sections  of  public  lands  along  tlie  line  of  any  railroad 
or  other  public  work,  not  otherwise  reserved  or  appropriated,  and  other 
lands  subject  to  entry  under  the  homestead  laws  of  the  United  States; 
but  such  homestead  settler  shall  be  allowed  six  months  after  locating 
his  homestead,  and  filing  his  declaratory  statement,  within  which  to 
make  his  entry  and  commence  his  settlement  and  improvement. 
8  June,  1872,  s.  1,  v.  17,  p.  333. 


HOMESTEADS.  235 

Skc.  2305.  The  time  Avhicli  the  homestead  settler  has  served  in  the     Deduction  of 
N  rniy,  Navy,  or  Marine  Corps  shall  be  deducted  from  the  time  hereto-  val  spj" Jj^fe  froS 
'  required  to  perfect  title,  or  if  discharged  on  account  of  wounds  re- time,  &c. 
\  ed  or  disability  incurred  in  the  line  of  duty,  then  the  term  of  enlist- 
ment shall  be  deducted  from  the  time  heretofore  required  to  perfect  title, 
without  reference  to  the  length  of  time  he  may  have  served;  but  no 
patent  shall  issue  to  any  homestead  settler  who  has  not  resided  upon, 
improved,  and  cultivated  his  homestead  for  a  period  of  at  least  one  year 
after  he  shall  have  commenced  his  improvements. 
Ibid. 

Sec.  2306.   Every  jierson  entitled,  under  the   provisions  of  section     Persons    who 
twenty-three  hundred  and  four,  to  enter  a  homestead  who  may  have  have  entered  less 
heretofore  entered,  under  the  homestead  laws,  a  quantity  of  land  less  ^l^^u    ^^^  acres, 
than  one  hundred  and  sixty  acres,  shall  be  permitted  to  enter  so  much  "S"*^*^  <**• 
land  as,  when  added  to  the  quantity  previously  entered,  shall  not  exceed 
one  hundred  and  sixty  acres. 
Ibid.,  s.  2. 

Sec.  2307.  In  case  of  the  death  of  any  person  who  would  be  entitled     Widow  and  mi- 
to  a  homestead  under  the  provisions  of  section  twenty-three  hundred  pgLons  e'ntitled 
and  four,  his  widow,  if  unmarried,  or  in  case  of  her  death  or  marriage,  to  homestead,  &c. 
then  his  minor  orphan  children,  by  a  guardian  duly  appointed  and  offi- 
"Cially  accredited  at  the  Department  of  the  Interior,  shall  be  entitled  to 
all  the  benefits  enumerated  in  this  chapter,  subject  to  all  the  provisions 
as  to  settlement  and  improvements  therein  contained;  but  if  such  per- 
son died  during  his  term  of  enlistment,  the  whole  term  of  his  enlistment 
«hall  be  deducted  from  the  time  heretofore  required  to  perfect  the  title. 
Ibid.,  8.  3. 

Sec.  2308.  Where  a  party  at  the  date  of  his  entry  of  a  tract  of  land     Actual  service 
under  the  homestead  laws,  or  subsequently  thereto,  was  actually  en-  i°  ^^^  Army  or 
listed  and  employed  in  the  Army  or  Navy  of  the  United  States,  his  to SSce  Ic* 
services  therein  shall,  in  the  administration  of  such  homestead  laws,  be 
construed  to  be  equivalent,  to  all  intents  and  purposes,  to  a  residence 
for  the  same  length  of  time  upon  the  tract  so  entered.    And  if  his  entry 
has  been  canceled  by  reason  of  his  absence  from  such  tract  while  in  the 
military  or  naval  service  of  the  United  States,  and  such  tract  has  not 
been  disposed  of,  his  entry  shall  be  restored;  but  if  such  tract  has  been 
disposed  of,  the  party  may  enter  another  tract  subject  to  entry  under  the 
homestead  laws,  and  his  right  to  a  patent  therefor  may  be  determined 
by  the  proofs  touching  his  residence  and  cultivation  of  the  first  tract 
and  his  absence  therefrom  in  such  service. 
■   Ibid.,  s.  4. 

Sec.  2309.  Every  soldier,  sailor,  marine,  officer,  or  other  person  coming  wiiomay  enter 
within  the  provisions  of  section  twenty-three  hundred  and  four,  may,  as  by  agent.  " 
well  by  an  agent  as  in  person,  enter  upon  such  homestead  by  filing  a 
declaratory  statement,  as  in  pre-emption  cases ;  but  such  claimant  in 
person  shall  within  the  time  prescribed  make  his  actual  entry,  commence 
settlements  and  improvements  on  the  same,  and  thereafter  fulfill  all  the 
requirements  of  law. 

Ibid.,  8.  5,  p.  334. 

Sec.  2317.  Every  person  having  a  homestead  on  the  public  domain,  Cultivation  of 
under  the  provisions  of  this  chapter,  who,  at  the  end  of  the  third  year  trees  on  home- 
of  his  residence  thereon,  shall  have  had  under  cultivation,  for  two  years,  tracts, 

one  acre  of  timber,  the  trees  thereon  not  being  more  than  twelve  feet 
apart  each  way,  and  in  a  good,  thrifty  condition,  for  each  and  every 
sixteen  acres  of  such  homestead,  shall,  upon  due  proof  of  the  fact  by 
two  credible  witnesses,  receive  his  jjatent  for  such  homestead. 

3  March,  1873,  s.  4,  v.  17,  p.  606. 
3  March,  1874,  ch.  55,  v.  18,  p.  21. 
3  March,  1875,  ch.  151,  v.  18,  p.  481. 
3  March,  1875,  ch.  188,  v.  18,  p.  516. 
20  May,  1876,  ch.  102,  v.  19,  p.  54. 


236 


IMPORTATIONS,  &c. 


Sec. 

1G24.  Importing  in  public  vessels. 
2491.  Prohibition  upon  importation  of  obscene  ar- 
ticles. 


Sec. 

2505.  Articles  exeraj^t  from  duty. 

2791.  Public  vessels  need  not  enter. 


Title  15,Cliap.  10.  Sec.  1624,  Art.  12.  No  person  connected  with  the  Navy  shall,  under 
"importing  in  ^^^  pretense,  import  in  a  public  vessel  any  article  which  is  liable  to  the 
public  vessels,     payment  of  duty.     [Sec.  2760,  Eevenue-Cutter  Service.] 

30  July,  1846,  s.  10,  v.  9,  p.  44. 
Title  33.  Sec.  2491.  All  persons  are  prohibited  from  importing  into  the  United 

"prohibition  up-  States,  from  any  foreign  country,  any  obscene  book,  pamphlet,  paper, 
on  importation  of  writing,  advertisement,  circular,  print,  picture,  drawing,  or  other  repre- 
obscene  articles,  sentation,  figure,  or  image  on  or  of  paper  or  other  material,  or  any  cast, 
instrument,  or  other  article  of  an. immoral  nature,  or  any  drug  or  medi- 
cine, or  any  article  whatever,  for  the  prevention  of  conception,  or  for 
causing  unlawful  abortion.     *     *     * 

2  March,  1857,  v.  11,  p.  168. 

3  March,  1873,  ss.  1,  3,  v.  17,  p.  598. 

Articles  ex-      Sec.  2508.  The  following  articles,  when  imported,  shall  be  exempt 
empt  from  duty,  f^^^^^^^y. 

«  *  *  if  *  ^  ■)(■ 

Articles  imported  for  the  use  of  the  United  States:  Provided,  That 
the  price  of  the  same  did  not  include  the  duty. 

*  #  *  *  *  *     .  * 

Books,  engravings,  bound  or  unbound,  etchings,  maps,  and  charts, 
which  shall  have  been  printed  and  manufactured  more  than  twenty 
years  at  the  date  of  importation. 

#  #  #  *  »  *  * 

Books,  maps  and  charts  imported  by  authority  or  for  the  use  of  the 
United  States.  *  *  *  But  the  duty  shall  not  have  been  included  in  the 
contract  or  price  paid. 

*  *  #  #  »  *  * 

Books,  household  effects,  or  libraries  or  parts  of  libraries,  in  use  of 
persons  or  families  from  foreign  countries,  if  used  abroad  by  them  not 
less  than  one  year,  and  not  intended  for  any  other  person  or  persons, 
nor  for  sale. 

Cabinets  of  coins,  medals,  and  all  other  collections  of  antiquities ; 
coins,  gold,  silver,  and  copper  ;     »     *     *     coffee  and  tea. 

*  #  »  *  *  *  * 

Diamonds,  rough  or  uncut,  philosophical  and  scientific  apparatus,  in- 
struments and  preparations,  statuary,  casts  of  marble,  bronze,  alabaster, 
plaster  of  Paris,  paintings,  drawings,  and  etchings,  specially  imported 
in  good  faith  for  the  use  of  any  society  or  institution  incorporated  or 
established  for  religious,  philosophical,  educational,  scientific  or  liter- 
ary purposes,  or  encouragement  of  the  fine  arts,  and  not  intended  for 
sale. 

■Jf  if  *  *  ■¥  *  » 

Regalia  and  gems,  statues,  statuary,  and  specimens  of  sculpture, 
where  specially  imported,  in  good  faith,  for  the  use  of  any  society  in- 
corporated or  established  for  philosophical,  literary  or  religious  pur- 
poses, or  for  the  encouragement  of  the  fine  arts,  or  for  the  use  or  by 
order  of  any  college,  academy,  school,  seminary  of  learning,  or  public 
library  in  theUnited  States. 

#  *  *  #  *  #  # 

Specimens  of  natural  history,  botany,  and  mineralogy,  when  imported 
for  cabinets  or  as  objects  of  taste  or  science,  and  not  for  sale, 

#  «  *      '  *  *  *  # 

Furs,  undressed  ;  furskins  of  all  kinds,  not  dressed  in  any  manner; 
wearing  apparel,  in  actual  use,  and  other  personal  effects  (not  mer- 
chandise), professional  books,  implements,  instruments,  and  tools  of 
trade,  occupation,  or  employment  of  persons  arriving  in  the  United 
States.  But  this  exemption  shall  not  be  construed  to  include  ma- 
chinery or  other  articles  imported  for  use  in  any  manufacturing  establish- 
ment, or  for  sale. 


LIFE-RAVING    SP]RVICE. 


237 


Works  of  art,  ))aiuting8,  statuaiy,  fountains,  and  other  works  of  art, 
the  i)roductiou  of  American  artists.  But  the  fact  of  such  production 
must  be  veritied  by  the  certificate  of  a  consul  or  minister  of  the  United 
States  indorsed  upon  tlie  written  declaration  of  the  artist;  paintings, 
statuary,  fountains,  and  other  works  of  art,  imported  expressly  lor 
presentation  to  national  institutions,  or  to  any  Srate,  or  to  any  munici- 
pal corporation,  or  religious  corporation  or  society. 
3  March,  1883,  chap.  121,  P.  E.  L.,  p.  514. 

Sec.  '2791.  It  shall  not  be  necessary  for  the  master  of  any  vessel  of  Title34,  Cbap.  4. 
war,  or  of  any  vessel  employed  by  any  prince,  or  state,  as  a  public  packet  ~  Public  vessels 
for  the  conveyance  of  letters  and  dispatches,  and  not  permitted  by  the  need  not  enter. 
laws  of  such  prince  or  state  to  be  employed  in  the  transportation  of 
uierchaudise,  in  the  way  of  trade,  to  make  re^iort  and  entry. 
2  March.  1799,  s.  31,  v.  1,  p.  651. 

LIFE-SAYIN^a  SERVICE. 


Establishment  of  life-saving  stations. 
Enii'loynient  of  crews  of  surfmen. 
Emplo.ymeut  of  voluuteor  crews. 
Medals  of  honor  for  saviucr  ]ife. 
Powers  and  compensation  of  keepers. 
How  long  stations  are  to  be  open. 
General  su-ierintendent. 


Assistant  saperintendeut. 

Duties  of  superiutendent. 

Kevenue  Marine  officeis  as  inspectors. 

Investigation  of  shipwreeks. 

Volunteer  crews  compensated. 

Drill  and  exercise. 

Life-saving  medals. 


That  the  Secretary  of  the  Treasury  is  hereby  authorized  to  employ     20  June,  1874. 

crews  of  experienced  surfmen  at  such  of  the  stations  herein  denominated  ~^     , ~~,. 

complete  stations,  and  at  such  of  the  life-boat  stations  on  the  Pacific  crews' of  "^^u^rf- 
coast  as  he  may  deem  necessary  and  proper,  for  such  periods,  and  at  such  men. 
compensation,  not  to  exceed  forty  dollars  per  month,  as  he  may  deem 
necessary  and  reasonable. 

20  June,  1874,  chap.  344,  s.  5,  v.  18,  p.  125. 

That  the  Secretary  of  the  Treasury  may  accept  the  services  of  volun-     Volunteer 
leer  crews  of  any  of  the  life-boat  stations  herein  authorized,  who  shall  «rew8. 
be  subject  to  the  rules  and  regulations  governing  the  Life-Saving  serv- 
ice ;  and  a  list  of  the  names  of  each  crew  shall  be  kept  in  the  office  of 
the  Secretary  of  the  Treasury.     Such  volunteers  shall  receive  no  com- 
pensation, except  a  sum  of  not  more  than  ten  dollars  each  for  every  oc- 
casion upon  which  they  shall  have  been  instrumental  in  saving  human 
life,  and  such  of  the  medals  herein  authorized  as  they  may  be  entitled 
to  under  the  provisions  hereinafter  made :  Provided,  That  ao  payment 
shall  be  made  to  any  person  who  shall  not  have  actually  participated 
in  the  efforts  to  save  the  life  or  lives  rescued.     [See  June  18,  1878.] 
Ibid.,  8.  6. 

That  the  Secretary  of  the  Treasury  is  hereby  directed  to  cause  to  be     Medals  of  hon- 
prepared  medals  of  honor,  with  suitable  devices,  to  be  distinguished  as^^'~~ 
life-saving  medals  of  the  first  and  second  class,  which  shall  be  bestowed 
upon  any  persons  who  shall  hereafter  endanger  their  own  lives  in  sav- 
ing, or  endeavoring  to  save  lives  from  perils  of  the  sea,  within  the 
United  States,  or  upon  any  American  vessel :  Provided,  That  the  medal 
of  the  tirst  class  shall  be  confined  to  cases  of  extreme  and  heroic  dar-     Of  the  first 
ing  ;  and  that  the  medal  of  the  second  class  shall  be  given  in  cases  not  *^^g®".;,  a  .i. 
sutJiciently  distinguished  to  deserve  the  medal  of  the  first  class  :  Pro-     ProvLo!^^  '^'**' 
vided,  also,  That  no  award  of  either  medal  shall  be  made  to  any  person 
until  sufficient  evidence  of  his  deserving  shall  have  been  filed  with  the 
Secretary  ol  the  Treasury  and  entered  upon  the  records  of  the  Depart- 
ment.    [See  June  18,  1878.] 


Ibid..  8.  7. 

Hereafter  the  compensation  of  the  keepers  of  life-saving  and  life-boat     June  18,  1878. 
stations  and  houses  of  refuge  shall  be  at  the  rate  of  four  hundred  dol-  ^^       ~r.        ~- 
iars  per  annum ;  and  they  shall  have  the  powers  of  inspectors  of  customs,  ers  aud*^?Jmp'eu- 
but  shall  receive  no  additional  compensation  for  duties  performed  as  eation. 
such  :  Provided,  That  said  keepers  shall  have  authority  and  be  required     Custodians   of 
to  take  charge  of  and  protect  all  property  saved  from  shipwreck  at  P™I*^'*"ty  s'lved. 
which  they  may  be  present,  until  it  is  claimed  by  parties  legally  au- 
thorized to  receive  it,  or  until  otherwise  instructed  to  dispose  of  it  by 
the  Secretary  of  the  Treasury  ;  and  keepers  of  life-saving  stations  shall 


238  LIFE-SAVING    SERVICE. 

Itesidence.        be  required  to  reside  continually  at  or  in  the  immediate  vicinity  of  their 
respective  stations. 

18  June,  1878,  chap.  265,  s.  4,  v.  20,  p.  163. 
Stations  to  be     That  hereafter  the  life-saving  stations  upon  the  sea  and  gulf  coasts- 
open,  how  long,   at  which  crews  are  employed  shall  be  manned  and  the  stations  opened 
for  active  service  on  the  first  day  of  September  in  each  year,  and  so 
continue  until  the  first  day  of  May  succeeding,  and  upon  the  lake  coasts 
from  the  opening  to  the  close  of  navigation,  except  such  stations  as,  in 
•  „the  discretioA  of  the  Secretary  of  the  Treasury,  are  not  necessary  to  be 

crews     °  ^^  ^    manned  during  the  full  period  specified ;  and  the  crews  shall  reside  at  the 
stations  during  said  periods. 
Idem,  8.  5. 

General  super-  That  the  President  of  the  United  States  may,  by  and  with  the  con- 
intendent.  gent  of  the  Senate,  appoint  a  suitable  person,  who  shall  be  familiar  with 

the  various  means  employed  in  the  Life-Saving  Service  for  the  saving 
of  life  and  property  from  shipwrecked  vessels,  as  general  superintendent 
of  the  Life-Saving  Service,  who  shall,  under  the  immediate  direction 
of  the  Secretary  of  the  Treasury,  have  general  charge  of  the  service 
and  of  all  administrative  matters  connected  therewith,  and  whose  com- 
pensation shall  be  at  the  rate  of  four  thousand  dollars  per  annum  ;  and 
Assistant  8  u- the  Secretary  of  the  Treasury  is  authorized  to  appoint  an  assistant  to 
perintendent.       the  general  superintendent,  whose  compensation  shall  be  two  thousand 
five  hundred  dollars  per  annum. 
Idem,  a  6. 

Duti-  s  of  gen  That  it  shall  be  the  duty  of  tlie  general  superintendent  to  supervise 
eral  superintend-  the  organization  and  government  of  the  employes  of  the  service ;  to  pre- 
^"*-  pare  and  revise  regulations  therefor  as  may  be  necessary ;  to  fix  the 

number  and  compensation  of  surfmen  to  be  employed  at  the  several 
stations  within  the  provisions  of  law;  to  supervise  the  expenditure  of 
all  appropriations  made  for  the  support  and  maintenance  of  the  Life- 
Saving  Service ;  to  examine  the  accounts  of  disbursements  of  the  district 
superintendents,  and  to  certify  the  same  to  the  accounting  officers  of  the 
Treasury  Department ;  to  examine  the  property  returns  of  the  keepers 
of  the  several  stations,  and  see  that  all  public  property  thereto  belong- 
ing is  properly  accounted  for;  to  acquaint  himself,  as  far  as  practicable, 
with  all  means  employed  in  foreign  countries  which  may  seem  to 
advantageously  affect  the  interests  of  the  service,  and  to  cause  to  be 
properly  investigated  all  plans,  devices,  and  inventions  for  the  improve- 
ment of  life-saving  apparatus  for  use  at  the  stations,  which  may  appear 
to  be  meritorious  and  available ;  to  exercise  supervision  over  the  selec- 
tion of  sites  for  new  stations  the  establishment  of  which  may  be  author- 
ized by  law,  or  for  old  ones  the  removal  of  which  may  be  made  necessary 
by  the  encroachment  of  the  sea  or  by  other  causes;  to  prepare  and  sub- 
mit to  the  Secretary  of  the  Treasury  estimates  for  the  support  of  the 
1874,  ch.  344.  service ;  to  collect  and  compile  the  statistics  of  marine  disasters  contem- 
18  Stat.,  126.  plated  by  the  act  of  June  twentieth,  eighteen  hundred  and  seventy-four ; 
and  to  submit  to  the  Secretary  of  the  Treasury,  for  transmission  to  Con- 
Annual  report,  gress,  an  annual  report  of  the  expenditures  of  the  moneys  appropriated 
for  the  maintenance  of  the  Life-Saving  Service,  and  of  the  operations  of 
said  service  during  the  year. 
Idem,  8.  7. 

Revenue  Ma-     That  the  Secretary  of  the  Treasury  may  detail  such  officer  or  officers 

riue  officers  as  in- of  the  Revenue  Marine  Service  as  maybe  necessary,  to  act  as  inspector 

spcctors.  ^^^  assistant  inspectors  of  stations,  who  shall  perform  such  duties  in 

connection  with  the  conduct  of  the  service  as  maybe  required  of  them 

by  the  general  superintendent. 

Idem,  s.  8. 

Investigation  of  That  upon  the  occurrence  of  any  shipwreck  within  the  scope  of  the^ 
shipwrecks  with  operations  of  the  Life-Saving  Service,  attended  with  loss  of  life,  the 
loss  of  life.  general  superintendent  shall   cause  an  investigation  of  all  the  circum- 

stances connected  with  said  disaster  and  loss  of  life  to  be  made,  with  a 
view  of  ascertaining  the  cause  of  the  disaster,  and  whether  any  of  the 
officers  or  employes  of  the  service  have  been  guilty  of  neglect  or  mis- 
conduct in  the  premises ;  and  any  officer  or  clerk  in  the  employment  of 
the  Treasury  Department  who  may  be  detailed  to  conduct  such  inves- 
tigation, or  to  examine  into  any  alleged  incompetency  or  misconduct  of 
anj^  of  the  officers  or  employes  of  the  Life-Saving  Service,  shall  haAe 


LIFE-SAVING    SERVICE.  239 

autliority  to  administer  an  oatli  to  any  witness  attending  to  testify  or     Admiuisterin  g 
depose  in  the  course  of  such  investigation.  oaths. 

Idem,  8.  9. 

That  section  six  of  said  act  of  June  twentieth,  eighteen  hundred  and     Volunteer 
seventy-four,  is  so  amended  as  to  extend  the  compensation  of  the  en-  ciws 
rolled  members  of  volunteer  crews  of  life-boat  stations  therein  named     i87T,^c'b!^344!*^ 
to  occasions  of  actual  and  deserving  service  at  any  shipwreck,  or  in  the     ig  Stat.*  127! 
relief  of  any  vessel  in  distress,  and  that  such  persons  as  may  volunteer 
to  take  the  place  of  any  absent  or  disabled  enrolled  members  of  a  crew, 
and  who  shall  be  accepted  by  the  keeper,  may  be  paid  therefor,  in  the 
discretion  of  the  Secretary  of  the  Treasury,  a  sum  not  to  exceed  eight 
dollars  each  on  every  such  occasion :  Provided,  That  all  crews  and  volun-     Duty  of  crews, 
teers  employed  under  authority  of  this  act  who  may  be  present  at  a 
wreck  shall  be  required  to  nse  their  utmost  endeavors  to  save  life  and    . 
properly  care  for  the  bodies  of  such  as  may  perish,  and,  when  such  eflforts 
are  no  longer  necessary,  to  save  property  and  protect  the  same,  under* 
the  direction  of  the  senior  keeper  present  or  of  the  superintendent  of 
the  district,  until  the  arrival  of  persons  legally  authorized  to  take 
charge;  and  for  the  time  employed  iu  so  saving  and  protecting  property     Vohmteers. 
volunteers  shall  be  entitled  to  compensation  not  to  exceed  three  dollars     Compeusation 
per  day  each,  iu  the  discretion  of  the  Secretary  of  the  Treasury.  erty^*^^"^  ^^^^' 

Idem,  s.  10. 

That  the  enrolled  members  of  the  crews  of  life-boat  stations  may  be     Drill  and  exer- 
ealled  out  for  drill  and  exercise  in  the  life-boat  and  life-saving  ai)paratus  *^^^^- 
as  often  as  the  general  superintendent  may  determine,  not  to  exceed 
twice  a  month,  for  each  day's  attendance  at  which  they  shall  be  entitled 
to  the  sum  of  three  dollars  each. 
Idem,  s.  11. 

That  the  Secretary  of  the  Treasury  is  hereby  authorized  to  bestow     Life-saving: 
the  life-saving  medal  of  the  second  class  upon  persons  making  suchiuedals. 
signal  exertions  in  rescuing  and  succoring  the  shipwrecked,  and  saving 
persons  from  drowning,  as,  in  his  opinion,  shall  merit  such  recognition. 
Idem,  s.  12. 

mp:mouandum. 

An  act  of  Sept.  30, 1854,  chap.  90,  v.  9,  p.  533,  provided  for  surf  and  life-boats  tor 
the  preservation  of  life  and  property  shipwrecked.  The  acts  of  Aug.  31,  1852, 
chap.  112,  V.  10,  p.  118,  and  March  3,  1853,  chap.  97,  v.  10,  p.  200,  i>rovided  for 
life-boats  and  other  means  of  rendering  assistance  to  wrecked  mariners  and 
others  on  the  coasts  of  tlie  United  States  ;  Aug.  4, 1854,  chap.  242,  v.  10,  p.  5G3, 
authorized  the  purchase  of  metallic  surf  boats,  to  rescue  lives  and  property,  to 
be  located  at  various  ports  on  the  lakes;  Dec.  14, 1854,  chap.  1,  v.  10,  p.  597.  es-  , 

tablished  life-saving  stations  on  the  coasts  of  Long  Island  and  New  Jersey ;  July 
20,  1868,  chap.  177,  v.  15,  p.  113,  authorized  a  station  on  Narragansett  Beach" ;  April 
20,  1871,  chap.  21,  v.  17,  p.  12,  authorized  the  employmafit  of  experienced  surf- 
men  ;  June  10,  1872,  chap.  415,  v.  17,  p.  347,  established  stations  at  Cape  Cod  and 
Block  Island  ;  March  3,  1873,  chap.  307,  v.  17,  p.  619,  authorized  tett  stations  on 
the  coasts  of  [New  Hampshire,  Massachusetts,  Virginia,  North  Carolina,  and 
other  places  deemed  necessary ;  June  24,  1874,  chap.  344,  v.  18.  p.  125,  provided 
for  a  number  of  additional  stations  on  the  lakes  and  on  the  Atlantic  and  Pacitic 
coasts ;  June  18, 1878,  chap.  265,  v.  20,  p.  163,  reorganized  the  Life-Saviug  Service, 
and  established  additional  stations,  and  on  the  30th  June,  1882,  there  were  190 
stations  in  commission. 

LIGHTS  Al^B  BUOYS. 

Sec.  I  Sec. 

4653.  Organization  of  the  Light-House  Board.  4678.  Color  of  buoys  prescribed. 

4654.  President  of  the  Board.  4679.  Kestriction  on  compensation  of  officers,  &c. 

4655.  Chairman.  |  4680.  Officers,  (fee,  notto  be  interested  in  contracts.. 

4670.  Light-house  districts.  Jurisdiction  over  certain  rivers. 

4671.  Light-house  inspectors. 

Sec.  4653.  The  President  shall  appoint  two  officers  of  the  Navy,  of        Title  55. 

high  rank,  two  officers  of  the  Corps  of  Engineers  of  the  Army,  and  two     ^^  ^  .      . ,. 

civilians  of  high  scientihc  attainments,  whose  services  may  be  at  the  the^Li^hTHouse 
disposal  of  the  President,  together  with  an  officer  of  the  Navy  and  an  Board." 
officer  of  engineers  of  the  Army,  as  secretaries,  Avho  shall  constitute  the 
Light-House  Board. 

31  Aug.,  1852,  s.  8,  V.  10,  p.  119. 

Sec.  4654.  The  Secretary  of  the  Treasury  shall  be  ex-officio  president     President  of 
ofthe  Light- House  Board'.  ,  ihe  board. 

^m  Ibid.,  s.  9. 


240  MERCHANT    VESSELS    AND    SERVICE.      YACHTS. 

Chairman.  Sp:c.  4655.  The  Light-House  Board  shall  elect,  by  ballot,  one  of  their 

number  as  chairman  of  the  board,  who  shall  preside  at  their  meetings, 
when  the  president  is  absent,  and  shall  perform  such  acts  as  may  be 
prescribed  by  the  rules  of  the  board. 
Ibid. 
Light -house     Sec.  4670.  The  Light-House  Board  shall  arrange  the  Atlantic,  Gulf, 
district^.  Pacitic,  and  Lake  coasts  of  the  United  States,  into  light-house  districts, 

not  exceeding  twelve  in  number,     l^eepost,  June  23, 1874.  J 
I  bid.,  8. 12. 
Lighthouse  in-     ^^^-  4671.  An  officer  of  the  Array  or  Navy  shall  be  assigned  to  each 
apectors.  district  as  a  light-house  inspector,  subiect  to  the  orders  of  the  Light- 

House  Board ;  and  shall  receive  for  such  service  the  same  pay  and  emol- 
"     uments  that  he  would  be  entitled  to  by  law  for  the  performance  of  duty 
in  the  regular  line  of  his  profession,  and  no  other,  except  the  legal  allow- 
ance per  mile,  when  traveling  under  orders  connected  with  his  duties. 
Ibid. 
Sec.  4678.  All  buoys  along  the  coast,  or  in  bays,  harbors,  sounds,  or 
Color  of  buoys  channels,  shall  be  colored  and  numbered,  so  that  passing  up  the  coast 
presonbeti.  ^^  sound,  or  entering  the  bay,  harbor,  or  channel,  red  buoys  with  even 

numbers  shall  be  passed  on  the  starboard  hand,  black  buoys  with  un- 
even numbers  on  the  port  hand,  and  buoys  with  red  and  black  stripes 
on  either  hand.  Buoys  in  channel-ways  shall  be  colored  with  alternate 
white  and  black  perpendicular  stripes. 

28  Sept.,  1850,  s.  6,  v.  9,  p.  504. 
Sec.  4679.  No  additional  salary  shall  be  allowed  to  any  civil,  military, 
r^estriction  up-  or  naval  officer  on  account  of  his  being  employed  on  the  Light-House 

on  compensation  Board,  or  being  in  any  manner  attached  to  the  light-house  service, 
of  officers  &.c.  70^  o 

31  Aug.,  1852,  s.  17,  v.  10,  p.  120. 

Sec.  4680.  No  member  of  the  Light-House  Board,  inspector,  light- 
Officers   &c.  keeper,  or  other  person  in  any  manner  connected  with  the  light-house 
not  to  be  interest-  service,  shall  be  interested,  either  directly  or  indirectly,  in  any  contract 
ed  in  contracts,     for  labor,  materials,  or  supplies  for  the  light-house  service,  or  in  any 
patent,  plan,  or  mode  of  construction  or  illumination,  or  in  any  article 
of  supply  for  the  light-house  service. 
Ibid. 
That  the  jurisdiction  of  the  Light-House  Board,  created  by  the  act 
T       23  1874     entitled  "An  act  making  appropriations  for  light-houses,  light-boats, 
""^     '  buoys,  and  so  forth,  and  providing  for  the  erection  and  establishment 

Jurisdiction  of  of  the  same,  and  for  other  purposes,"  approved  August  thirty-first, 
Li  g  h  t  -  H  o  us  e  eighteen  hundred  and  fifty-two,  is  hereby  extended  over  the  Mississippi, 
1852  ^ch^  nl  §  Ohio,  and  Missouri  Rivers,  for  the  establishment  of  such  beacon-lights, 
8,  voLx,  p.  118.'     day-beacons,  and  buoys  as  may  be  necessary  for  the  use  of  vessels  navi- 
gating those  strearifs;  and  for  this  i)urpose  the  said  board  is  hereby  re- 
quired to  divide  the  designated  rivers  into  o;ie  or  two  additional  light- 
house districts,  to  be  in  all  respects  similar  to  the  already  existing  light- 
.^^•^^*^^°.*^ house  districts;  and  is  hereby  authorized  to  lease  the  necessary  ground 
tncts.  '^^^^     ^  ^ "  for  all  such  lights  and  beacons  as  are  used  to  point  out  changeable  chan- 
nels, and  which  in  consequence  cannot  be  made  permanent. 
23  June,  1874,  v.  18,  p.  204. 

MEROHAKT  VESSELS  AND  SERVICE.     YACHTS. 


Sec. 

4.'11.  Shipping-articles. 

4512.  Rules  for  shipping-articles. 

4513.  Exceptions  as  to  shipping-articles. 

4514.  Penalty  for  shipping  without  agreement. 

4515.  Penalty  for    knowingly    shipping    seamen 

witliout  articles. 
4.">]6.  Lost  seamen  may  be  replaced 
4r>l7.  Shipping  seanlen  in  foreign  ports. 
4518.  Penalty  for  violating  preceding  section. 
4538.  Eflects  of  deceased  seamen. 
4'>39.  Proceedings  in  regard  to  elfects. 

4540.  Penalty  for  neglect  in  regard  to  seamen's  ef- 

fects. 

4541.  .Duties  of  consular  officers  in  regard  to  de- 

ceased seamen's  eflects. 

4548.  Wages  payable  in  gold. 

4559.  Appointment  of  inspectors  by  consul  in  for- 
eign ports. 

4.500.  Report  of  inspectors. 

45U1.  Discharge  of  seamen   on  account  of  unsea-   I 
worthiness  of  vessel.  | 


Sec. 

45B2.  Payment  of  charges  for  inspection. 
4563.  Refusal  to  pay  wages,  charges,   and  dam- 
ages ;  penalty. 

4565.  Examination  of  provisions.  , 

4566.  Forfeiture  for  false  complaint. 

4567.  Permission  to  enter  complaint. 

4577.  Return  «if  seamen. 

4578.  Penalty  for  refusal  to  receive  seamen. 

4579.  Additional  allowance  lor  transportation  of 

destitute  seamen. 

4580.  Extra  wages  on  discharge. 

4.581.  Penalty  for  neglect  to  collect  extra  wages. 

4582.  Extra  wages  upon  discharge  in  case  of  sale. 

4583.  When  extra  wages  may  be  remitted. 

4584.  Disposal  of  extra  wages. 
4.589.  Pi olest  upon  impressment. 

4600.  Reclamation  and  discharge  of  deserters. 
5363.  Abandonment  of  n^ariuers. 


MERCHANT   VESSELS   AND    SERVICE.      YACHTS.  241 

SEAMEN. 

Sec.  4511.  The  master  of  every  vessel  bound  from  a  port  in  the  United  Title  53.  Chap.  2. 
States  to  any  foreign  port  other  than  vessels  engaged  in  trade  between     shippingarti- 
tlie  United  States  and  the  British  North  American  possessions,  or  the  des. 
West  India  Islands,  or  the  Republic  of  Mexico,  or  of  any  vessel  of  the 
burden  of  seventy-five  tons  or  upward,  bound  from  a  port  on  the  Atlan- 
tic to  a  port  on  the  Pacific,  or  vice  versa,  shall,  before  he  proceeds  on 
such  voyage,  make  an  agreement,  in  writing  or  in  print,  with  every  sea- 
man whom  he  carries  to  sea  as  one  of  the  crew,  in  the  manner  herein- 
after mentioned ;  and  every  such  agreement  shall  be,  as  near  as  may  be, 
in  the  form  given  in  the  table  marked  A,  in  the  schedule  annexed  to 
this  Title,  and  shall  be  dated  at  the  time  of  the  first  signature  thereof, 
and  shall  be  signed  by  the  master  before  any  seaman  signs  the  same, 
and  shall  contain  the  following  particulars : 

First.  The  nature,  and,  as  far  as  practicable,  the  duration  of  the  in- 
tended voyage  or  engagement,  and  the  port  or  country  at  which  the  voy- 
age is  to  terminate. 

Second.  The  number  and  description  of  the  crew,  specifying  their  re- 
spective employments. 

Third.  The  time  at  which  each  seaman  is  to  be  on  board,  to  begin 
work. 

Fourth.  The  capacity  m  which  each  seaman  is  to  serve. 

Fifth.  The  amount  of  wages  which  each  seaman  is  to  receive. 

Sixth.  A  scale  of  the  provisions  which  are  to  be  furnished  to  each  ^ 

seaman. 

Seventh.  Any  regulations  as  to  conduct  on  board,  and  as  to  fines," 
short  allowance  of  provisions,  or  other  lawful  punishments  for  miscon- 
duct, which  may  be  sanctioned  by  Congress  as  proper  to  be  adopted, 
and  which  the  parties  agree  to  adopt. 

Eighth.  Any  stipulations  in  reference  to  advance  and  allotment  of 
wages,  or  other  matters  not  contrary  to  law. 
7  June,  1872,  s.  12,  v.  17,  p.  264. 
15  Jan.,  1873,  v.  17,  p.  410. 

Sec.  4512.  The  following  rules  shall  be  observed  with  respect  to  agree-     Eules  for  ship 
ments :  ping-articles. 

First.  Everj'^  agreement,  except  such  as  are  otherwise  specially  pro- 
vided for,  shall  be  signed  by  each  seaman  in  the  presence  of  a  shipping- 
commissioner. 

Second.  When  the  crew  is  first  engaged  the  agreement  shall  be  signed 
in  duplicate,  and  one  part  shall  be  retained  by  the  shipping-commis- 
sioner, and  the  other  part  shall  contain  a  special  place  or  form  for  the 
description  and  signatures  of  persons  engaged  subsequently  to  the  first 
departure  of  the  ship,  and  shall  be  delivered  to  the  master. 

Third.  Every  agreement  entered  into  before  a  shipping-commissioner 
shall  be  acknowledged  and  certified  under  the  hand  and  official  seal  of 
such  commissioner.  The  certificate  of  acknowledgment  shall  be  in- 
dorsed on  or  annexed  to  the  agreement ;  and  shall  be  in  the  following 
form : 
"  State  of ,  County  of : 

"  On  this day  of  -. ,  personally  appeared  before  me,  a  ehip- 

ping-commissioner  in  and  for  the  said  county,  A.  B.,  C.  D.,  and  E.  F., 
severally  known  to  me  to  be  the  same  persons  who  executed  the  fore- 
going instrument,  who  each  for  himself  acknowledged  to  me  that  he 
had  read  or  had  heard  read  the  same;  that  he  was  by  me  made- ac- 
quainted with  the  conditions  thereof,  and  understood  the  same ;  and 
that,  while  sober  and  not  in  a  state  of  intoxication,  he  signed  it  freely 
and  voluntarily,  for  the  uses  and  purposes  therein  mentioned.  " 
7  June,  1872,  s.  13,  v.  17,  p.  265. 

Sec.  4513.  The  section  forty-five  hundred  and  eleven  shall  not  apply  Exception  as  to 
to  masters  of  vessels  where  the  seamen  are  by  custom  or  agreement  en-  shipping-articles, 
titled  to  participate  in  the  profits  or  result  of  a  cruise  or  voyage,  nor  to 
masters  of  coastwise  nor  to  masters  of  lake-going  vessels  that  touch  at 
foreign  ports ;  but  seamen  may,  by  agreement,  serve  on  board  such  ves- 
sels a  definite  time,  or,  on  the  return  of  any  vessel  to  a  port  in  the 
United  States,  may  reship  and  sail  in  the  same  vessel  on  another  voy- 
age, without  the  payment  of  additional  fees  to  the  shipping-commis- 
sioner, by  either  the  seaman  or  the  master. 

Idem,  s.  12,  and  27  Feb.,  1877,  v.  19,  p.  252. 

11181 16 


242  MERCHANT   VESSELS    AND    SERVICE        YACHTS. 

Penalty  for  gEC.  4514.  If  any  person  shall  be  carried  to  sea,  as  one  of  the  crew  on 
ghipping  wuliout  i^oard  of  any  vessel  making  a  voyage  as  hereinbefore  specified,  without 
agreemtn  .  entering  into  an  agreement  with  the  master  of  such  vessel,  in  the  form 

and  manner,  and  at  the  place  and  times  in  such  cases  required,  the  ves- 
sel shall  be  held  liable  for  each  such  offense  to  a  penalty  of  not  more 
than  two  hundred  dollars.  But  the  vessel  shall  not  be  held  liable  for 
any  i>erson  carried  to  sea,  who  shall  have  secretly  stowed  away  himself 
without  the  knowledge  of  the  master,  mate,  or  of  any  of  the  officers  of 
the  vessel,  or  who  shall  have  falsely  personated  himself  to  the  master, 
mate,  or  officers  of  the  vessel,  for  the  purpose  of  being  carried  to  sea. 
7  June,  1872,  s.  14,  v.  17,  p.  265. 

P  e  n  a  1 1  y  for     Sec.  4515.  If  any  master,  mate,  or  other  officer  of  a  vessel  knowingly 

knowingly  ^^^  receives,  or  accepts,  to  be  entered  on  board  of  any  merchant-vessel,  any 

wSSout  artlclea.  f^eaman  who  has  been  engaged  or  supplied  contrary  to  the  provisions  of 

this  Title,  the  vessel  on  board  of  \n  hich  such  seaman  shall  be  found 

shall,  for  every  such  seaman,  be  liable  to  a  penalty  of  not  more  than 

two  hundred  dollars. 

IMd.     U.  S.  V.  Steamship  City  of  Mexico,  11  Blatch.,  489. 

av*be  replaced"     ^^^'  ^^^^-  ^°  ^^^^  ^^  desertion,  or  of  casualty  resulting  in  the  loss  of 
^  ^       *^         '  one  or  more  seamen,  the  master  may  ship  a  number  equal  to  the  num- 
ber of  whose  services  he  has  been  deprived  by  desertion  or  casualty, 
and  report  the  same  to  the  United  States  cbnsul  at  the  first  port  at 
which  he  shall  arrive,  without  incurring  the  penalty  prescribed  by  the 
«  two  preceding  sections. 

7  June,  1872,  a.  14,  v.  17,  p.  265.    • 

Shipping  sea-  Sec.  4517.  Every  master  of  a  merchant- vessel  who  engages  any  sea- 
men in  foreign  j^^^  ^^  ^  place  out  of  the  United  States,  in  which  there  is  a  consular 
^^  ^'  officer  or  commercial  agent,  shall,  before  carrying  such  seaman  to  sea, 

procure  the  sanction  of  such  officer,  and  shall  engage  seamen  in  his 
presence ;  and  the  rules  governing  the  engagement  of  seamen  before  a 
shipping-commissioner  in  the  United  States,  shall  apply  to  such  engage- 
ments made  before  a  consular  officer  or  commercial  agent ;  and  upon 
every  such  engagement  the  consular  officer  or  commercial  agent  shall 
indorse  upon  the  agreement  his  sanction  thereof,  and  an  attestation  to 
the  effect  that  the  same  has  been  signed  in  his  presence,  and  otherwise 
duly  made. 

Ibid.,  8. 15. 

Penalty  for  vio-     Sec.  4518.  Every  master  who  engages  any  seaman  in  any  place  in 

lating  preceding  which  there  is  a  consular  officer  or  commercial  agent,  otherwise  than 

section.  g^g  required  by  the  preceding  section,  shall  incur  a  penalty  of  not  more 

than  one  hundred  dollars,  for  which  penalty  the  vessel  shall  be  held 

liable. 

Ibid. 

Title  53,  Chap.  S.     Sec.  4538.  Whenever  any  seaman  or  apprentice  belonging  to  or  sent 

■  j,g,  ".      f~7I.  liome  on  any  merchant- vessel,  whether  a  foreign-going  or  domestic  ves- 

ceased^ seamen,     "^^^j  employed  on  a  voyage  which  is  to  terminate  in  the  United  States, 

dies  during  such  voyage,  the  master  shall  take  charge  of  all  moneys, 

clothes,  and  effects  which  he  leaves  on  board,  and  shall,  if  he  thinks  fit, 

cause  all  or  any  of  such  clothes  and  effects  to  be  sold  by  auction  at  the 

mast  or  other  public  auction,  and  shall  thereupon  sign  an  entry  in  the 

official  log-book,  and  cause  it  to  be  attested  by  the  mate  and  one  of  the 

crew,  containing  the  following  particulars  : 

First.  A  statement  of  the  amount  of  money  so  left  by  the  deceased. 

Second.  In  case  of  a  sale,  a  description  of  each  article  sold,  and  the 

sum  received  for  each. 

Third.  A  statement  of  the  sum  due  to  deceased  as  wages,  and  the 
total  amount  of  deductions,  if  any,  to  be  made  therefrom. 
7  Juno,  1872,  s.  43,  v.  17,  p.  271. 

Proceedings  in  Sec.  4539.  In  cases  embraced  by  the  preceding  section,  the  following 
regard  to  effects  yules  shall  be  observed  : 

men  sea-     -p. ^.^^    j^.  ^j^^  y^^sel  proceeds  at  once  to  any  port  in  the  United  States, 

the  master  shall,  within  forty-eight  hours  after  his  arrival,  deliver  any 
such  effects  remaining  unsold,  and  pay  any  money  which  he  has  taken 
charge  of,  or  received  from  such  sale,  and  the  balance  of  wages  due  to 
the  deceased,  to  the  shipping-commissioner  at  the  port  of  destination 
in  the  United  States. 
Second.  If  the  vessel  touches  and  remains  at  some  foreign  port  before 


MERCHANr   VESSELS   AND    SERVICE.      YACHTS.  243 

coming  to  any  port  in  tlie  United  States,  the  master  shall  report  the 
•case  to  the  United  States  consular  officer  there,  and  shall  give  to  such 
officer  any  information  he  requires  as  to  the  destination  of  the  vessel 
and  probable  length  of  the  voyage  ;  and  such  officer  may,  if  he  considers 
it  expedient  so  to  do,  require  the  effects,  money,  and  wages  to  be  de- 
livered and  paid  to  him,  and  shall,  upon  such  delivery  and  payment, 
give  to  the  master  a  receipt ;  and  the  master  shall  within  forty -eight 
hours  after  his  arrival  at  his  port  of  destination  in  the  United  States 
produce  the  same  to  the  shipping-commissioner  there.  Such  consular 
officer  shall,  in  any  such  case,  indorse  and  certify  upon  the  agreement 
with  the  crew  the  particulars  with  respect  to  such  delivery  and  payment. 

Third.  If  the  consular  officer  does  not  require  such  payment  and  de- 
livery to  be  made  to  him,  the  master  shall  take  charge  of  the  effects, 
money,  and  wages,  and  shall,  within  forty-eight  hours  after  his  arrival 
a,t  his  port  of  destination  in  the  United  States,  deliver  and  pay  the 
same  to  the  shipping-commissioner  there. 

Fourth.  The  master  shall,  in  all  cases  in  which  any  seaman  or  appren- 
tice dies  during  the  voyage  or  engagement,  give  to  such  officer  or  ship- 
ping-commissioner an  account,  in  such  form  as  they  may  respectively 
require,  of  the  effects,  money,  and  wages  so  to  be  delivered  and  paid; 
and  no  deductions  claimed  in  such  account  shall  be  allowed  unless  veri- 
fied by  an  entry  in  the  official  log-book,  if  there  be  any ;  and  by  such 
other  vouchers,  if  any,  as  may  be  reasonably  required  by  the  officer  or 
shipping- commissioner  to  whom  the  account  is  rendered. 

Fifth.  Ui)on  due  compliance  with  such  of  the  provisions  of  this  sec- 
tion as  relate  to  acts  to  be  done  at  the  port  of  destination  in  the  United    , 
States,  the  shipping-commissioner  shall  grant  to  the  master  a  certifi- 
cate to  that  efi'ect.     No  officer  of  customs  shall  clear  any  foreign-going 
vessel  without  the  production  of  such  certificate. 
Ihid.,  8. 44. 

Sec.  4540.  Whenever  any  master  fails  to  take  such  charge  of  the     Penalty  for 
money  or  other  effects  of  a  seaman  or  apprentice  during  a  voyage,  or  ?®slect  in  regard 
to  make  such  entries  in  respect  thereof,  or  to  procure  such  attestation  fectsf*™^"  *    ^  " 
to  such  entries,  or  to  make  such  payment  or  delivery  of  any  money, 
wages,  or  effects  of  any  seaman  or  apprentice  dying  during  a  voyage, 
or  to  give  such  account  in  respect  thereof  as  is  above  directed,  he  shall 
be  accountable  for  the  money,  wages,  and  effects  of  the  seaman  or  ap- 
prentice to  the  circuit  court  in  whose  jurisdiction  such  port  of  desti- 
nation is  situate,  and  shall  pay  and  deliver  the  same  accordingly;  and 
he  shall,  in  addition,  for  every  such  offense,  be  liable  to  a  penalty  of 
not  more  than  treble  the  value  of  the  money  or  effects,  or,  if  such  value 
is  not  ascertained,  not  more  than  two  hundred  dollars ;  and  if  any  such 
money,  wages,  or  effects  are  not  duly  paid,  delivered,  and  accounted 
for  by  the  master,  the  owner  of  the  vessel  shall  pay,  deliver,  and  ac- 
count for  the  same,  and  such  money  and  wages  and  the  value  of  such 
effects  shall  be  recoverable  from  him  accordingly ;  and  if  he  fails  to 
account  for  and  pay  the  same,  he  shall,  in  addition  to  his  liability  for 
the  money  and  value,  be  liable  to  the  same  penalty  which  is  incurred 
by  the  master  for  a  like  ofiense  ;  and  all  money,  wages,  and  effects  of. 
any  seaman  or  apprentice  dying  during  a  voyage  shall  be  recoverable 
in  the  courts  and  by  the  modes  of  proceeding  by  which  seamen  are  en- 
abled to  recover  wages  due  to  them. 
Ibid.,  8.45. 

Sec.  4541.  Whenever  any  such  seaman  or  apprentice  dies  at  any    Duties  of  con- 
place  out  of  the  United  States,  leaving  any  money  or  effects  not  on  sular  officers  in 
board  of  his  vessel,  the  consular  officer  of  the  United  States  at  or  near- ey^geaman'T^eS 
est  the  place  shall  claim  and  take  charge  of  such  money  and  effects,  fects. 
and  shall,  if  he  thinks  fit,  sell  all  or  any  of  such  effects,  or  any  effects 
of  any  deceased  seaman  or  apprentice  delivered  to  him  under  the  pro- 
visions of  this  Title,  and  shall  quarterly  remit  to  the  district  judge  for 
the  district  embracing  the  port  from  which  such  vessel  sailed,  or  the 
port  where  the  voyage  teroiiuHtes,  all  moneys  belonging  to  or  arising 
from  the  sale  of  the  effects  or  paid  as  the  wages  of  any  deceased  seamen 
or  apprentices  which  have  come  to  his  hands  ;  and  shall  render  such 
accounts  thereof  as  the  district  judge  requires.* 
Ibid.,  8.  46. 

*  Unclaimed  wages  and  eflfecta,  after  six  years,  go  to  the  fund  for  the  relief  of  dis- 
abled and  destitute  seamen.    §  4545. 


244  MERCHANT   VESSELS   AND    SERVICE.       YACHTS. 

"Wa^es  payable     Sec.  4548.  Moneys  paid  under  the  laws  of  the  United  States,  by  di- 

ingold.  rection  of  consular  officers  or  agents,  at  any  foreign  port  or  place,  as 

wages,  extra  or  otherwise,  due  American  seamen,  shall  be  paid  in  gold 

or  its  equivalent,  Avithout  any  deduction  whatever,  any  contract  to 

the  contrary  notwithstanding. 

3  March,  1873,  v.  17,  p.  602. 

Title  53,  Chap.  5.     Sec.  4559.  Upon  a  complaint  in  writing,  signed  by  the  first,  or  the 

-T rr —-second  and  third  officers  and  a  majority  of  the  crew,  of  any  vessel  while 

insp^ectors  by  ^^  ^  foreign  port,  that  such  vessel  is  in  an  unsuitable  condition  to  go 
consul  in  foreign  to  sea,  because  she  is  leaky,  or  insufficiently  supplied  with  sails,  rig- 
port,  gingi  anchors,  or  any  other  equipment,  or  that  the  crew  is  insufficient 
to  man  her,  or  that  her  provisions,  stores,  and  supplies  are  not,  or  have 
not  been,  during  the  voyage,  sufficient  and  wholesome,  thereupon,  in 
any  of  these  or  like  cases,  "the  consul  or  a  commercial  agent  who  may 
discharge  any  duties  of  a  consul,  shall  appoint  two  disinterested,  com- 
petent, practical  men,  acquainted  with  maritime  affairs,  to  examine 
Into  the  causes  of  complaint,  who  shall,  in  their  report,  state  what  de- 
fects and  deficiencies,  if  any,  they  find  to  be  well  founded,  as  weU  as 
what,  in  their  judgment,  ought  to  be  done  to  put  the  vessel  in  order 
for  the  continuance  of  her  voyage. 

20  July,  1840,  v.  5,  p.  396. 

29  July,  1850,  s.  6,  v.  9,  p.  441. 

Report  of  in-  Sec.  45fi0.  The  inspectors  appointed  by  any  consul  or  commercial 
specters.  agent,  in  pursuance  of  the  preceding  section,  shall  have  full  power  to 

examine  the  vessel  and  whatever  is  aboard  of  her,  so  far  as  is  pertinent 
to  their  inquiry,  and  also  to  hear  and  receive  auy  other  proofs  which  the 
ends  of  justice  may  require ;  and  if,,upon  a  view  of  the  whole  jDroceed- 
ings,  the  consul  or  other  commercial  agent  is  satisfied  therewith,  he 
may  approve  the  whole  or  any  part  of  the  report,  and  shall  certify 
such  approval ;  or  if  he  dissents,  he  shall  certify  his  reasons  for  dis- 
senting. 

20  July,  1840,  v.  5,  p.  396. 
Discharge  of     g^c.  4561.  The  inspectors  in  their  report  shall  also  state  whether, 
coun™  of'^  unsea-  ^^  their  opinion,  the  vessel  was  sent  to  sea  unsuitably  provided  in  any 
-worthiness  ofimportant  or  essential  particular,  by  neglect  or  design,  or  through 
vessel.  mistake  or  accident,  and  in  case  it  was  by  neglect  or  design,  and  the 

consul  or  other  commercial  agent  approves  of  such  finding,  he  shall 
discharge  such  of  the  crew  as  require  it,  each  of  whom  shall  be  en- 
titled to  three  mouths'  pay  in  addition  to  his  wages  to  the  time  of  dis- 
charge ;  but  if,  in  the  opinion  of  the  inspectors,  the  defects  or  de- 
ficiencies found  to  exist  have  been  the  result  of  mistake  or  accident, 
and  could  not,  in  the  exercise  of  ordinary  care,  have  been  known  and 
provided  against  before  the  sailing  of  the  vessel,  and  the  master  shall, 
in  a  reasonable  time,  remove  or  remedy  the  causes  of  complaint,  then 
the  crew  shall  remain  and  discharge  their  duty ;  otherwise  they  shall, 
upon  their  request,  be  discharged,  and  receive  each  one  month's  wages 
in  addition  to  their  pay  up  to  the  time  of  discharge. 
Ibid. 

Payment  of     Sec.  4562.  The  master  shall  x>ay  all  such  reasonable  charges  for  in- 

charges   for    in-  gpection  under   such  complaint  as  shall  be  officially   certified  to  him 

spection.  under  the  hand  of  the  consul   or  commercial   agent ;  but  in  case  the 

inspectors  report  that  the  complaint  is  without  auy  good  or  sufficient 

cause,  the  master  may  retain  from  the  wages  of  the  complainants,  in 

proportion  to  the  pay  of  each,  the  amount  of  such  charges,  with  such 

reasonable  damages  for  detention  on  that  account  as  the  consul  or 

commercial  agent  directing  the  inquiry  may  officially  certify. 

Ibid. 

Refusal  to  pay  g^c.  4563.  Every  master  who  refuses  to  pay  such  wages  and  charges 
es^^d\^  a^'g  e^f;  shall  be  liable  to  each  person  injured  thereby  in  damages,  to  be  re- 
peiialty.  '  covered  in  any  court  of  the  United  States  in  the  district  where   such 

delinquent  may  reside  or  be  found,  and  in  addition  thereto  be  punisha- 
ble by  a  fine  of  one  hundred  dollars  for  each  offense. 
Ibid.,  p.  397. 

Examination  of     Sec.  4565.  Auy  three  or  more  of  the  crew  of  any  merchant- vessc 
rovisions.  of  the  United  States  bound  from  a  port  in  the  United  States  to  any 

foreign  port,  or  being  of  the  burden  of  seventy-five  tons  or  upward^ 


MERCHANT   VESSELS   AND    SERVICE.      YACHTS.  245 

ind  bound  from  a  port  on  tlie  Atlantic  to  a  port  on  the  Pacific,  or  vice 
versa,  may  complain  to  any  officer  in  command  of  any  of  the  vessels  of 
the  United  States  Navy,  or  consular  officer  of  the  United  States,  or 
shix^ping-commissioner  or  chief  officer  of  the  customs,  that  the  pro 
visions  or  water  for  the  use  of  the  crew  are,  at  any  time,  of  had  quality, 
unfit  for  use,  or  deficient  in  quantity.  Such  officer  shall  thereupon 
examine  the  provisions  or  water,  or  cause  them  to  be  examined ;  and 
if,  on  examination,  such  provisions  or  water  are  found  to  be  of  bad 
•quality  and  unfit  for  use,  or  to  be  deficient  in  quantity,  the  person  making 
such  examination  shall  certify  the  same  in  writing  to  the  master  of  the 
ship.  If  such  master  does  not  thereupon  provide  other  proper  pro- 
visions or  water,  where  the  same  can  bo  had,  in  lieu  of  any  so  certified 
to  be  of  a  bad  quality  and  unfit  for  use,  or  does  not  procure  the  requi- 
site quantity  of  any  so  certified  to  be  insufficient  in  quantity,  or  uses 
any  provisions  or  water  which  have  been  so  certified  as  aforesaid  to  be 
of  bad  quality  and  unfit  for  use,  he  shall,  in  every  such  case,  be  liable 
to  a  penalty  of  not  more  than  one  hundred  dollars ;  and  upon  every 
such  examination  the  officers  making  or  directing  the  same  shall  enter 
a  statement  of  the  result  of  the  examination  in  the  log-book,  and  shall 
send  a  report  thereof  to  the  district  judge  for  the  judicial  district  em- 
bracing the  port  to  which  such  vessel  is  bound ;  and  such  report  shall 
be  received  in  evidence  in  any  legal  proceedings. 
7  June,  1872,  s.  36,  v.  17,  p.  269. 

Sec.  4566.  If  the  officer  to  whom  any  such  complaint,  in  regard  to  the     Forfeiture    for 
provisions  or  the  water,  is  made,  certifies  in  such  statement  that  there  false  complaint, 
was  no  reasonable  ground  for  such  complaint,  each  of  the  parties  so 
complaining  shall  be  liable  to  forfeit  to  the  master  or  owner,  out  of  his 
wages,  a  sum  not  exceeding  one  week's  wages. 
Ibid.,  8.  37. 

Sec.  4567.  If  any  seaman,  while  on  board  any  vessel,  shall  state  to    Permission    to 
the  master  that  they  desire  to  make  complaint,  in  accordance  with  the  enter  complaint, 
two  preceding  sections,  in  regard  to  the  provisions  or  the  water,  to  a 
competent  officer,  against  the  master,  the  master  shall,  if  the  vessel  is 
then  at  a  place  where  there  is  any  such  officer,  so  soon  as  the  service  of 
rfhe  vessel  will  permit,  and  if  the  vessel  is  not  then  at  such  a  place,  so 
soon  after  her  first  arrival  at  such  place  as  the  service  of  the  vessel  will 
permit,  allow  such  seamen,  or  any  of  them,  to  go  ashore,  or  shall  send 
them  ashore,  in  proper  custody,  so  that  they  may  be  enabled  to  make 
such  complaint ;  and  shall,  in  default,  be  liable  to  a  penalty  of  not  more 
than  one  hundred  dollars. 
lUd.,  8.  38. 

Sec.  4577.  It  shall  be  the  duty  of  the  consuls,  vice-consuls,  commer-  Return  of  sea- 
cial  agents,  and  vice-commercial  agents,  from  time  to  time,  to  provide  men, 
for  the  seamen  of  the  United  States,  who  may  be  found  destitute  within 
their  districts,  respectively,  sufficient  subsistence  and  passages  to  some 
port  of  the  United  States,  in  the  most  reasonable  manner,  at  the  expense 
of  the  United  States,  subject  to  such  instructions  as  the  Secretary  of 
State  shall  give.  The  seamen  shall,  if  able,  be  bound  to  do  duty  on 
board  the  vessels  in  which  they  may  be  transported,  according  to  their 
several  abilities. 

28  Feb.,  1803,  s.  4,  v.  2,  p.  204. 

Sec.  4578.  All  masters  of  vessels  belonging  to  citizens  of  the  United     Penalty  for  re- 
States,  and  bound  to  some  port  of  the  same,  are  required  to  take  such  ^^^^^  ***  receivo 
destitute  seamen  on  board  of  their  vessels,  at  the  request  of  the  consuls,  s®*"^®'^- 
vice-consuls,  commercial  agents,  or  vice- commercial  agents,  respectively, 
and  to  transport  them  to  the  port  in  the  United  States  to  which  such 
vessel  may  be  bound,  on  such  terms,  not  exceeding  ten  dollars  for  each 
person,  as  may  be  agreed  between  the  master  and  the  consul  or  officer. 
Every  such  master  who  refuses  the  same  on  the  request  or  order  of  such 
consul  or  officer  shall  be  liable  to  the  United  States  in  a  penalty  of  one 
hundred  dollars  for  each  seaman  so  refused.     The  certificate  of  any  such 
consul  or  officer,  given  under  his  hand  and  official  seal,  shall  be  pre- 
sumptive evidence  of  such  refusal,  in  any  court  of  law  having  jurisdic- 
I  "tion  for  the  recovery  of  the  penalty.     No  master  of  any  vessel  shall, 
"however,  be  obliged  to  take  a  greater  nuraj)er  than  two  men  to  every 
■^one  hundred  tons  burden  of  the  vessel,  on  any  one  voyage. 
Ihid. 


246  MERCHANT   VESSELS   AND    SERVICE.      YACHTS. 

Additional  al-     Sec.  4579.  Whenever  distressed  searaeu  of  the  United  States  are 

lowance    ^°^ transported  from  foreign  ports  where  there  is  no  consular  officer  of  the 

dStfffte    sea- United  States,  to  ports  of  the  United  States,  there  shall  be  allowed  to 

men.  the  master  or  owner  of  each  vessel,  in  which  they  are  transported, 

Buch  reasonable  compensation,  in  addition  to  the  allowance  now  fixed 

by  law,  as  shall  be  deemed  equitable  by  the  First  Comptroller  of  the- 

Treasury. 

28  Feb.,  1811,  V.  2,  p.  651. 

E^raj?ageson     gEc.  4580.  Upon  the  application  of  any  seaman  to  a  consular  officer 
discnarge.  ^^^  ^  discharge,  if  it  appears  to  such  officer  that  he  is  entitled  to  his  dis- 

charge under  any  act  of  Congress,  or  according  to  the  general  principles 
or  usages  of  maritime  law,  as  recognized  in  the  United  State8,the  officer 
shall  discharge  such  seaman;  and  shall  require  from  the  master  of  the 
vessel  from  which  such  discharge  shall  be  made,  the  payment  of  three 
months'  extra  wages,  over  and  above  the  wages  which  may  then  be  due 
to  such  seaman.  When,  however,  after  a  full  hearing  of  both  parties, 
the  cause  of  discharge  is  found  to  be  the  misconduct  of  the  seaman,  the 
consular  officer  may  remit  so  much  of  the  extra  wages  as  would  be,  by 
section  forty-five  hundred  and  eighty-four,  i)ayable  to  the  seaman.  [See 
$  1708,  Diplomatic  Officers.] 

18  Aug.,  18.^6,  8.  26,  V.  11,  p.  62. 
3  March,  1873,  v.  17,  p.  580. 

Penalty  for     Sec.  4581.  If  any  consular  officer,  when  discharging  any  seaman,  shall 
neglect  to  collect  neglect  to  require  the  payment  of  and  collect  the  extra  wages  required 
extra  wages.        ^^  ^^^  paid  in  the  case  of  the  discharge  of  any  seaman,  he  shall  be  ac- 
countable to  the  United  States  for  the  full  amount  of  their  share  of  such 
wages,  and  to  such  seaman  to  the  full  amount  of  his  share  thereof;  and 
if  any  seaman  shall,  after  his  discharge,  have  incurred  any  expense 
for  board  or  other  necessaries  at  the  place  of  his  discharge,  before  ship- 
ping again,  such  expense  shall  be  paid  out  of  the  share  of  three  months' 
wages  to  which  he  shall  be  entitled,  which  shall  be  retained  for  that 
purpose,  and  the  balance  only  paid  over  to  him. 
18  Aug.,  1856,  8.  26,  v.  11,  p.  62. 

nn^n  ViscSI?  Sec.  4582.  Whenever  a  vessel  belonging  to  a  citizen  of  the  United 
in  case  of  sale.  '  States  is  sold  in  a  foreign  country,  and  her  company  discharged,  or  when 
a  seaman,  a  citizen  of  the  United  States,  is,  with  his  own  consent,  dis- 
charged in  a  foreign  country,  it  shall  be  the  duty  of  the  master  to  pro- 
duce to  the  consular  officer,  the  certified  list  of  his  ship's  company,  and 
to  pay  such  consul  or  officer,  for  every  seaman  so  discharged,  designated 
on  such  list  as  a  citizen  of  the  United  States,  three  months'  pay,  over 
and  above  the  wages  which  may  then  be  due  to  such  seaman. 
28  Feb.,  1803,  s.  3,  v.  2,  p.  203. 

•waees^mavber*    ,Sec.  4583.  No  payment  of  extra  wages  shall  be  required  upon  the 
mitted.  *  discharge  of  any  seaman  in  cases  where  vessels  are  wrecked,  or  stranded, 

or  condemned  as  unfit  for  service.  If  any  consular  officer,  upon  the 
complaint  of  any  seaman  that  he  has  fulfilled  his  contract,  or  that  the 
voyage  is  continued  contrary  to  his  agreement,  is  satisfied  that  the  con- 
tract has  expired,  or  that  the  voyage  has  been  protracted  by  circum- 
stances beyond  the  control  of  the  master,  and  without  any  design  on 
his  part  to  violate  the  articles  of  shipment,  then  he  may,  if  he  deems  it 
just,  discharge  the  mariner  without  exacting  the  three  months'  addi- 
tional pay.  No  payment  of  such  extra  wages,  or  any  part  thereof,  shall 
be  remitted  in  any  case,  except  as  allowed  in  this  section. 
20  July,  1840,  v.  5,  p.  395. 
18  Aug.,  1856,  8.  26,  v.  11,  p.  62. 

Disposal  of  ex-     Sec.  4584.  Whenever  any  consular  officer  upon  the  discharge  of  any 
tr»  wages.  seaman  demands  or  receives  extra  three  months'  wages  for  such  sea- 

man, two-thirds  thereof  shall  be  paid  by  such  officer  to  the  seaman  so 
discharged,  upon  his  engagement  on  board  of  any  vessel  to  return  to 
the  United  States.  The  remaining  third  shall  be  retained  for  the  pur- 
pose of  creating  a  fund  for  the  payment  of  the  passages  of  seamen,, 
citizens  of  the  United  States,  who  may  be  desirous  of  returning  to  the 
United  States,  and  for  the  maintenance  of  American  seamen  wno  may 
be  destitute,  and  may  be  in  such  foreign  port;  and  the  several  sums 
retained  for  such  fund  shall  be  accounted  for  with  the  Treasury  every 
six  months  by  the  persons  receiving  the  same. 

Idem  and  18  Feb.,  1803,  s.  3,  t.  2,  p.  203. 


MERCHANT   VESSELS   AND    SERVICE.      YACHTS. 


247 


Sec.  4589.  The  master  of  every  vessel  of  the  United  States,  any  of.  Protest  upon 
the  crew  whereof  shall  have  been  impressed  or  detained  by  any  foreign  impressment, 
power,  shall,  at  the  first  port  at  which  such  vessel  arrives,  if  snch  im- 
pressment or  detention  happened  on  the  high  seas,  or  if  the  same  hap- 
pened within  any  foreign  port,  then  in  the  port  in  which  the  same  hap- 
pened, immediately  make  a  protest,  stating  the  manner  of  such  impress- 
ment or  detention,  by  whom  made,  together  with  the  name  and  place  of 
residence  of  the  person  impressed  or  detained;  distinguishing  also 
whether  he  was  an  American  citizen ;  and,  if  not,  to  what  nation  he  be- 
longed. Such  master  shall  also  transmit,  by  post  or  otherwise,  every 
such  protest  made  in  a  foreign  country,  to  the  nearest  consul  or  agent, 
or  to  the  minister  of  the  United  States  resident  in  such  country,  if  any- 
such  there  be ;  preserving  a  duplicate  of  such  protest,  to  be  by  him  sent 
immediately  after  his  arrival  within  the  United  States  to  the  Secretary 
of  State,  together  with  information  to  whom  the  original  protest  was 
transmitted.  In  case  such  protest  shall  be  made  within  the  United 
States,  or  in  any  foreign  country,  in  which  no  consul,  agent,  or  minis- 
ter of  the  United  States  resides,  the  same  shall,  as  soon  thereafter  as 
jiracticable,  be  transmitted  by  such  master,  by  post  or  otherwise,  to  the 
Secretary  of  State. 

28  May,  1796,  s.  4,  v.  1,  p.  477. 

Sec.  4600.  It  shall  be  the  duty  of  consular  officers  to  reclaim  deserters  Title  53,  Chap.  7. 
and  discountenance  insubordination  by  every  means  within  their  power ;     Reclam  a  t  i  o  n 
and  where  the  local  authorities  can  be  usefully  employed  for  that  pur-  and  discharge  of 
pose,  to  lend  their  aid  and  use  their  exertions'  to  that  end,  in  the  most  deserters  by  con- 
eflectual  manner.     In  all  cases  where  deserters  are  apprehended,  the  sular  officers, 
consular  officer  shall  inquire  into  the  facts ;  and  if  he  is  satisfied  that 
the  desertion  was  caused  by  unusual  or  cruel  treatment,  the  seaman 
shall  be  discharged,  and  receive,  in  addition  to  his  wages  to  the  time  of 
the  discharge,  three  months'  pay  ;  and  the  officer  discharging  him  shall 
enter  upon  the  crew-list  and  shipping-articles  the  cause  of  discharge, 
and  the  particulars  in  which  the  cruelty  or  unusual  treatment  consisted, 
^and  subscribe  his  name  thereto,  officially. 

7  June,  1872,  9.  56,  v.  17,  p.  275.  , 

Sec.  5363.  Every  master  or  commander  of  any  vessel  belonging,  in  _.  ,  _-  - 

whole  or  part,  to  any  citizen  of  the  United  States,  who,  during  his  ""c<v»^»aP«  tf' 
being  abroad,  maliciously  and  without  justifiable  cause  forces  any  officer     Forcible  aban- 
or  mariner  of  such  vessel  on  shore,  in  order  to  leave  him  behind  in  any  donment  of  offl- 
foreign  port  or  place,  or  refuses   to   bring   home  again  all  such  offi-  foreign^p  "t.^^  "* 
cers  and  mariners  of  such  vessel  whom  he  carried  out  with  him  as  are 
in  a  condition  to  return  and  willing  to  return,  when  he  is  ready  to  pro- 
ceed on  his  homeward  voyage,  shall  be  punished  by  a  fine  of  not  more 
than  five  hundred  dollars,  or  by  imprisonment  not  more  than  six  ^ 

months. 

3  March,  1825,  s.  10,  v.  4,  p.  117. 

Note. — The  consular  and  diplomatic  act  passed  July  1,  1882,  appropriates 
$60,000  for  the  relief  of  Amorican  seamen  in  foreign  countries. 


Sec. 


By 


4131.  What  are  vessels  of  the  United  States. 

whom  may  be  commanded. 

4132.  What  veasels  are  entitled  to  register. 

4133.  Vessels  owned  by  non-resident  citizens. 

4134.  Vessels  owned  by  non-resident  naturalized 

citizens. 

4135.  American  vessel  taking  foreign  flag. 

4136.  Wrecked  vessels. 

4172.  Failure  to  report  sale  to  foreigner. 

4177.  Numbers  for  vessels. 

4178.  Names  of  vessels  to  be  painted  on  stem. 

4179.  Change  of  name  of  legistered  vessel. 

4189.  Penalty  for  fraudulent  registiy. 

4190.  Sea-letters,  to  what  vessels  issued. 

4191.  Making  or  using  forged  sea-letters. 
4204.  Conveyance  of  bullion,  &c. 

4207.  Rates  of  consular  fees. 


VESSELS. 
Sec. 


4238.  Vessels  stranded  on  foreign  coast. 

4306.  Passports  of  United  States  vessels  on  depart- 

ure to  foreign  country. 

4307.  Penalty  for  departing  without  passport. 

4308.  Passports  of  unregistered  vessels. 

4309.  Deposit  of  ship's  papers  with  consul. 

4310.  Penalty  for  failure  to  deposit  papers  withi 

consul. 

4574    S  ^^^*  ^^  crew  to  be  delivered  to  collected. 

4575.  Eules  as  to  crew  list. 

5358.  Plundering  wrecked  vessels,  &c. 

5364.  Conspiracy  to  cast  away  vessel. 

5365.  Owner  destroying  vessel  at  sea. 

5366.  Other  person  destroying  vessel  at  sea. 

5367.  Attempt  to  destroy  vessel  at  sea. 
5423.  Penalty  for  making  false  passports. 


Sec.  4131.  Vessels  registered  pursuant  to  law,  and  no  others,  except  Title  48,  Chap.  U 
such  as  shall  be  duly  qualified,  according  to  law,  for  carrying  on  the  "™..  ~^ 

coasting  trade  and  fisheries,  or  one  of  them,  shall  be  deemed  vessels  of  s.^isof^he  United 
the  United  States,  and  entitled  to  the  benefits  and  privileges  appertain-  states. 


248  MERCHANT    VESSELS    AND    SERVICE.       YACHTS. 

ing  to  sucli  vessels  ;  but  they  shall  not  enjoy  the  same  longer  than  they 
By  whom  may  shall  continue  to  be  wholly  owned  by  citizens  and  to  be  comnianded  bj' 
be  commanded.    ^  citizen  of  the  United  States.     And  officers  of  vessels  of  the  United 
States  shall  in  all  cases  be  citizens  of  the  United  States. 
31  Dec,  1792.  s.  1,  v.  1,  p.  287. 
[Note.— An  act  approved  April  17,  1874,  chap.  107,  v.  18,  p.  30,  provides  that 
any  alien,  who  in  the  maiuior  provided  for  by  law,  has  declared  his  intention  of 
becoming  a  citizen  of  the  United  States,  and  Avho  may  have  been  a  permanent 
resident  of  the  United  States  for  at  least  six  months  immediately  previous  to 
the  {irauting  of  such  license,  may  be  licensed,  as  if  already  naturalized,  as  an 
engineer  or  pilot  upon  auy  steam  vessel  subject  to  inspection  under  the  pro- 
visions of  the  act  of  Feb.  28,  1871,  v.  16,  p.  440. 

An  act  approved  April  18,  1874,  chap.  110,  v.  18,  p.  31,  exempts  canal  boats  or 
boats  employed  on  the  internal  waters  or  canals  of  any  State,  excepting  such 
as  are  provided  with  sails  or  propelling  machinery  of  their  own  adapted  to  lake 
or  coastwise  navigation  and  such  as  are  employed  in  trade  with  the  Cauadas, 
from  the  provisions  of  the  act  of  Feb.  18, 1793,  and  from  the  payment  of  all  cus- 
toms and  other  fees  under  any  act  of  Congress.] 

AVhat  vessels     Sec.  4132.   Vessels  built  within  the  United  States,  and  belonging 

are    entitled    to  wholly  to  citizens  thereof,  and  vessels  which  may  be  captured  in  war 

register.  ^^  citizens  of  the  United  States,  and  lawfully  condemned  as  prize,  or 

which  may  be  adjudged  to  be  forfeited  for  a  breach  of  the  laws  of  the 

United  States,  being  wholly  owned  by  citizens,  and  no  others,  may  be 

registered  as  directed  in  this  Title. 

Idem,  8. 2,  p.  288. 

Vessels  owned  Sec.  4133.  No  vessel  shall  be  entitled  to  be  registered,  or,  if  registered, 
by  non-resident  to  the  benefits  of  registry,  if  owned  in  whole  or  in  part  by  any  citizen 
citizens.  ^£.  ^j^g  United  States  who  usually  resides  in  a  foreign  country,  during 

the  continuance  of  such  residence,  unless  such  citizen  be  a  consul  of  the 
United  States,  or  an  agent  for  and  a  partner  in  some  house  of  trade  or 
copartnership,  consisting  of  citizens  of  the  United  States  actually  car- 
rying on  trade  within  the  United  States. 
Ibid. 

Vessels  owned  Sec.  4134.  No  vessel  shall  be  entitled  to  be  registered  as  a  vessel  of 
by  non-resident  the  United  States,  or,  if  registered,  to  the  benefits  of  registry,  if  owned, 
zens^^^'^^*^  "*^  ^^  whole  or  in  part  by  any  person  naturalized  in  the  United  States,  and 
residing  for  more  than  one  year  in  the  country  from  which  he  originated, 
or  for  more  than  two  years  in  any  foreign  country,  unless  such  X)ersou 
be  a  consul  or  other  public  agent  of  the  United  States.  Nothing  con- 
tained in  this  section  shall  be  construed  to  prevent  tke  registering  anew 
of  any  vessel  before  registered,  in  case  of  a  sale  thereof  in  good  faith  to 
any  citizen  resident  in  the  United  States ;  but  satisfactory  proof  of  the 
citizenship  of  the  person  on  whose  account  a  vessel  may  be  purchased 
shall  be  exhibited  to  the  collector,  before  a  new  register  shall  be  granted 
for  such  vessel. 

27  March,  1804,  s.  1,  v.  2,  p.  296. 

American  ves-     Sec.  4135.  No  vessel  which  has  been  recorded  or  registered  as  an 

eel  takingforeign  American  vessel  of  the  United  States,  pursuant  to  law,  and  which  was 

flag-  licensed  or  otherwise  authorized  to  sail  under  a  foreign  flag,  and  to  have 

the  protection  of  any  foreign  government  during  the  existence  of  the 

rebellion,  shall  be  deemed  or  registerod  as  a  vessel  of  the  United  States, 

or  shall  have  the  rights  and  privileges  of  vessels  of  the  United  States, 

except  under  provisions  of  law  especially  authorizing  such  registry. 

10  Feb.,  1866,  ch.  8,  v.  14,  p.  3. 

"Wrecked vessels.  Sec.  4136.  The  Secretary  of  the  Treasury  may  issue  a  register  or  en- 
rollment for  any  vessel  built  in  a  foreign  country,  whenever  such  ves- 
sel shall  be  wrecked  in  the  United  States,  and  shall  be  purchased  and 
repaired  by  a  citizen  of  the  United  States,  if  it  shall  be  proved  to  the 
satisfaction  of  the  Secretary  that  the  repairs  put  upon  such  vessel  are 
,   equal  to  three-fourths  of  the  cost  of  the  vessel  when  so  repaired. 

23  Dec,  1852,  ch.  4,  v.  10,  p.  149. 
23  July,  1866,  ch.  213,  v.  14,  p.  212. 

Failure  to  re-  ^^^-  4172.  If  any  vessel  registered  as  a  vessel  of  the  United  States 
port  sale  to  for-  shall  be  sold  or  transferred,  in  whole  or  in  part,  by  way  of  trust,  confi- 
eigners.  dence,  or  otherwise,  to  a  subject  or  citizen  of  any  foreign  prince  or 

state,  and  such  sale  or  transfer  shall  not  be  made  known,  as  hereinbefore 
directed,  such  vessel,  together  with  her  tackle,  apparel,  and  furniture, 
shall  be  forfeited.  If  such  vessel,  however,  be  so  owned  in  part  only, 
and  it  is  made  to  appear  to  the  jury  before  whom  the  trial  for  such  for- 


MERCHANT   VESSELS   AND    SERVICE.      YACHTS.  249 

feitnre  is  had,  that  any  other  owner  of  such  vessel,  being  a  citizen  of 
the  United  States,  was  wholly  ignorant  of  the  sale  or  transfer  to  or 
ownership  of  such  foreign  subject  or  citizen,  the  share  or  interest  of 
such  citizen  of  the  United  States  shall  not  be  subject  to  such  forfeiture, 
and  the  residue  only  shall  be  so  forfeited. 
31  Dec,  if  92,  s.  16,  v.  1,  p.  295. 

Sec.  4177.  The  Secretary  of  the  Treasury  shall  have  power,  under  Numbers  for 
such  regulations  as  he  shall  prescribe,  to  establish  and  provide  a  sys-  vessels, 
teni  of  numbering  vessels  so  registered,  enrolled,  and  licensed;  and 
each  vessel  so  numbered  shall  have  her  number  deeply  carved  or  oth- 
erwise permanently  marked  on  her  main  beam ;  and  if  a^  any  time  she 
shall  cease  to  be  so'  marked,  such  vessel  shall  be  no  longer  recognized 
as  a  vessel  of  the  United  States. 

28  July,  1866,  s.  13,  v.  14,  p.  331. 

Sec.  4178.     The  name  of  every  registered  vessel,  and  of  the  port  to     Names  of  ves- 
which  she  shall  belong,  shall  be  painted  on  her  stern,  on  a  black  ground,  sels  to  be  painted 
in  white  letters,  of  not  less  than  tliree  inches  in  length.*     If  any  vessel  ^^  stem, 
of  the  United  States  shall  be  found  without  having  her  name  and  the 
name  of  the  port  to  which  she  belongs  so  painted,  the  owner  or  owners 
shall  be  liable  to  a  penalty  of  fifty  dollars ;  recoverable  one-half  to  the 
person  giving  the  information  thereof;  the  other  half  to  the  use  of  the 
United  States. 

31  Dec,  1792,  s.  3,  v.  1,  p.  288. 

Sec.  4179.  No  master,  owner,  or  agent  of  any  vessel  of  the  United  Change  of  name 
States  shall  in  any  way  change  the  name  of  such  vessel,  or  by  any  de-  of  ^registered  ves- 
vice,  advertisement,  or  contrivance  to  deceive  or  attempt  to  deceive 
the  public,  or  any  officer  or  agent  of  the  United  States,  or  of  any  State, 
or  any  corporation  or  agent  thereof,  or  any  person  or  persons,  as  to  the 
true  name  or  character  of  such  vessel,  on  pain  of  the  forfeiture  of  such 
vessel. 

5  May,  1864,  s.  2,  v.  13,  p.  64. 

Sec.  4189.  Whenever  any  certificate  of  registry,  enrollment,  or  li-    Penalty  for 
cense,  or  other  record  or  document  granted  in  lieu  thereof,  to  any  ves-  fraudulent  regis, 
sel,  is  knowingly  and  fraudulently  obtained  or  used  for  any  vessel  not  ^' 
entitled  to  the  benefit  thereof,  such  vessel,  with  her  tackle,  apparel, 
and  furniture,  shall  be  liable  to  forfeiture. 
18  July,  1866,  s.  24,  v.  14,  p.  184. 

Sec.  4190,  No  sea-letter  or  other  document  certifying  or  proving  any     Sea-letters,    to 
,  vessel  to  be  the  property  of  a  citizen  of  the  United  States  shall  be  issued,  ^^q  vesse  s  is- 
except  to  A^essels  duly  registered,  or  enrolled  and  licensed  as  vessels  of 
the  United  States,  or  to  vessels  which  shall  be  wholly  owned  by  citi- 
zens of  the  United  States,  and  furnished  with  or  entitled  to  sea-letters 
or  other  custom-house  documents. 

26  March,  1810,  v.  2,  p.  568. 

Sec.  4191.  Every  person  who  knowingly  makes,  utters,  or  publishes  .  ^^^g^^gea^et- 
any  false  sea-letter,  Mediterranean  passport,  or  certificate  of  registry,  ^f  ^^f 
or  who  knowingly  avails  himself  of  any  such  Mediterranean  passport, 
sea-letter,  or  certificate  of  registry,  shall  be  liable  to  a  penalty  of  not 
more  than  five  thousand  dollars,  and,  if  an  officer  of  the  United  States, 
shall  thenceforth  be  incapable  of  holding  any  office  of  trust  or  profit 
under  the  authority  of  the  United  States. 
2  March.  1803,  s.  1,  v.  2,  p.  209. 

Sec.  4204.  All  vessels  belonging  to  citizens  of  the  United  States,  and  Title  48,  Chap.  2. 
bound  from  any  port  in  the  United  States  to  any  other  port  therein,  or     conveyance  ot 
to  any  foreign  port,  or  from  any  foreign  port  to  any  port  in  the  United  bullion,  coin,  &c.. 
States,  shall,  before  clearance,  receive  on  board  all  such  bullion,  coin,  for   the    United 
United  States  notes  and  bonds  and  other  securities,  as  the  Government  States. 
of  the  United  States  or  any  department  thereof,  or  any  minister,  cour 
eul,  vice-consul,  or  commercial  or  other  agent  of  the  United   States 
abroad,  shall  offer,  and  shall  securely  convey  and  promptly  deliver  the 
same  to  the  proper  authorities  or  consignees,  on  arriving  at  the  port  of 
destination ;  and  shall  receive  for  such  service  such  reasonable  compen- 
aation  as  may  be  allowed  to  other  carriers  in  the  ordinary  transactions 
of  business. 

4  July,  1864,  s.  10,  v.  13,  p.  392. 

*  An  act  approved  June  23,  1874,  v.  18,  p.  252,  allows  the  name  to  be  painted  on  her 
atern  in  yellow  or  gilt  letters. 


250  MERCHANT    VESSELS    AND    SERVICE.       YACHTS. 

Copy  of  rates      Sec.  4207.  Whenever  any  clearance  is  granted  to  any  vessel  of  the 

to  be** aimexed^to  ^^i*^^  States,  duly  registered  as  such,  and  hound  on  any  foreign  voy- 

clearance.  ^S^y  *^®  collector  of  the  district  shall  annex  thereto,  in  every  case,  a 

copy  of  the  rates  or  tariffs  of  fees  which  diplomatic  and  consular  officer* 

are  entitled,  hy  the  regulations  prescribed  by  the  President,  to  receive 

for  their  services. 

18  Aug.,  1856,  s.  16,  v.  11,  p.  57. 
Title  48,  Chap.  5.     Sec.  4238.  Consuls  and  vice-consuls,  in  cases  where  vessels  of  the 
Vessels  strand-  United  States  are  stranded  on  the  coasts  of  their  consulates  respectively, 
ed    on    foreign  shall,  as  far  as  the  laws  of  the  country  will  permit,  tate  proper  nieasures, 
coasts.  as  well  for  the  purpose  of  saving  the  vessels,  their  cargoes  and  appur- 

tenances, as  for  storing  and  securing  the  effects  and  merchandise  saved, 
and  for  taking  inventories  thereof;  and  the  merchandise  and  effects 
saved,  with  the  inventories  thereof  so  taken,  shall,  after  deducting  there- 
from the  expenses,  he  delivered  to  the  owners.  No  consul  or  vice-con- 
sul shall  have  authority  to  take  possession  of  any  such  merchandise,  or 
other  property,  when  the  master,  owner,  or  consignee  thereof  is  present 
or  capable  of  taking  possession  of  the  same. 
14  April,  1792,  s.  3,  v.  1,  p.  255, 

'^^^^^  *^'  Sec.  4306.  Every  vessel  of  the  United  States,  going  to  any  foreign 

Passports    of  country,  shall,  hefoie  she  departs  from  the  United  States,  at  the  request 
United  States  of  the  master,  he  furnished  by  the  collector  for  the  district  where  such 
vessels  on  depart- vessel  may  he,  with  a  passport,  the  form  for  which  shall  he  prescribed 
Sunt?v    ""  ® '  ^ ""  ^y  the  Secretary  of  State.     In  order  to  be  entitled  to  snch  passport,  the 
master  of  every  such  vessel  shall  be  bound,  with  sufficient  sureties,  to 
the  Treasurer  of  the  United  States,  in  the  penalty  of  two  thousand 
dollars,  conditioned  that  the  passport  shall  not  be  ap]>lied  to  the  use  or 
protection  of  any  othei  vessel  than  the  one  described  in  it;  and  that, 
in  case  of  tlie  loss  or  sale  of  any  vessel  having  such  passport,  the  same 
shall,  within  three  months,  be  delivered  up  to  the  collector  from  whom 
it  was  received,  if  the  loss  or  sale  take  place  within  the  United  States; 
or  within  six  months,  if  the  same  shall  happen  at  any  place  nearer  than 
the  Cape  of  Good  Hope ;  and  within  eighteen  months,  if  at  a  more  dis- 
tant place. 

1  Jnne,  1796,  ss.  1, 2,  v.  1,  p.  489. 
12  Feb..  1831,  V.  4,  p.  441. 

Penalty  for  de-      Sec.  4307.  If  any  vessel  of  the  United  States  shall  depart,  therefrom, 
passport.  ^°^  ^^^^^  ^^^  bound  to  any  foreign  country,  other  than  to  some  port  in 

America,  without  such  passport,  the  master  of  such  vessel  shall  be  liable 
to  a  penalty  of  two  hundred  dollars  for  every  such  offense. 

1  Jnne,  1796,  s.  4,  v.  1,  p.  490. 

Passp  o  rt 8  of  Sec.  4308.  Every  unregistered  vessel  owned  by  a  citizen  of  the  United 
j^egistered  ves-  states,  and  sailing  with  a  sea-letter,  going  to  any  foreign  country,  shall, 
before  she  departs  from  the  United  States,  at  the  request  of  the  master, 
he  furnished  by  the  collector  of  the  district  where  such  vessel  may  be 
with  a  passport,  for  which  the  master  shall  be  subject  to  the  rules  and 
conditions  prescribed  for  vessels  of  the  United  States. 

2  March,  1803,  s.  1,  v.  2,  p.  208. 

p?pe?8  with^iJn-      Sec.  4309.  Every  master  of  a  vessel,  belonging  to  citizens  of   the 
8uL  United  States,  who  shall  sail  from  an^-  port  of  the  United  States,  shall, 

on  his  arrival  at  a  foreign  port,  deposit  his  register,  sea-letter,  and 
Mediterranean  passport  with  the  consul,  vice-consul,  commercial  agent, 
or  vice-commercial  agent,  if  any  there  he  at  such  port ;  and  it  shall  be 
the  duty  of  such  consul,  vice-consul,  commercial  agent,  or  vice-com- 
mercial agent,  on  such  master  or  commander  producing  to  hira  a  clear- 
ance from  the  proper  officer  of  the  port  where  his  vessel  maybe,  to  de- 
liver to  the  master  all  of  his  papers,  if  such  master  or  commander  has 
complied  with  the  provisions  of  law  relating  to  the  discharge  of  sea- 
men in  a  foreign  country,  and  to  the  payment  of  the  fees  of  consular 
officers. 

28  Feb.,  1803,  s.  2,  v.  2,  p.  203. 

Penalty  for  fail-      Sec.  4310.  Every  master  of  any  such  vessel  who  refuses  or  neglects 
ure  to  deposit  pa- to  deposit  the  papers  as  required  by  the  preceding  section,  shall  be  li- 
pers  with  consul,  ^ble  to  a  penalty  of  five  hundred  dollars,  to  be  recovered  by  such  con- 
sul, vice-consul,  comijiiercial  agent,  or  vice-commercial 


MERCHANT   VESSELS    AND    SERVICE.      YACHTS.  251 

own  name,  for  the  benefit  of  the  United  States,  in  any  court  of  compe- 
tent jurisdiction. 

Ibid. 
Sec.  4573.  Before  a  clearance  is  granted  to  any  vessel  bound  on  a  for-  Title  58,  Chap,  g> 
eign  voyage  or  engaged  in  the  whale-fishery,  the  master  thereof  shall     j^jg^  ^^  ^j.^^  ^ 
dehver  to  the  collector  of  the  customs  a  list  containing  the  names,  be  delivered   W 
places  of  birth  and  residence,  and  description  of  the  persons  who  com-  collector, 
pose  his  ship's  company  ;  to  which  list  the  oath  of  the  captain  shall  be 
annexed,  that  the  list  contains  the  names  of  his  crew,  together  with 
the  places  of  their  birth  and  residence,  as  far  as  he  can  ascertain  them ; 
and  the  collector  shall  deliver  him  a  certified  copy  thereof,  for  which 
the  collector  shall  be  entitled  to  receive  the  sum  of  twenty -five  cents. 

28  Feb.,  1803,  8.1,  V.  9,  p.  203. 
4  April,  1840,  8.  2,  v.  2,  p.  370. 

Sec.  4574.  In  all  cases  of  private  vessels  of  the  United  States  sailing 
from  a  port  in  the  United  States  to  a  foreign  port,  the  list  of  the  crew 
shall  be  examined  by  the  collector  for  the  district  from  which  the  ves- 
sel shall  clear,  and,  if  approved  of  by  him,  shall  be  certified  accordingly. 
No  person  shall  be  admitted  or  employed  on  board  of  any  such  vessel 
unless  his  name  shall  have  been  entered  in  the  list  of  the  crew,  approved 
and  certified  by  the  collector  for  the  district  from  which  the  vessel  shall 
clear.  The  collector,  before  he  delivers  the  list  of  the  crew,  approved 
and  certified,  to  the  master  or  proper  officer  of  the  vessel  to  which  the 
same  belongs,  shall  cause  the  same  to  be  recorded  in  a  book  by  him  for 
that  purpose  to  be  provided,  and  the  record  shall  be  open  for  the  in- 
spection of  all  persons,  and  a  certified  copy  thereof  shall  be  admitted 
in  evidence  in  any  court  in  which  any  question  may  arise  under  any  of 
the  provisions  of  this  Title. 

3  March,  1813,  s.  3,  v.  2,  p.  809. 

Sec.  4575.  The  following  rules  shall  be  observed  with  reference  to     Rules  as  to  list 
vessels  bound  on  any  foreign  voyage :  crew. 

First.  The  duplicate  list  of  the  ship's  company,  required  to  be  made 
out  by  the  master  and  delivered  to  the  collector  of  the  customs,  under 
section  forty-five  hundred  and  seventy-three,  shall  be  a  fair  copy  in  one 
uniform  handwriting,  without  erasure  or  interlineation. 

Second*  It  shall  be  the  duty  of  the  owners  of  every  such  vessel  to 
obtain  from  the  collector  of  the  customs  of  the  district  from  which  the 
clearance  is  made,  a  true  and  certified  copy  of  the  shipping-articles, 
containing  the  names  of  the  crew,  which  shall  be  written  in  a  uniform 
hand,  without  erasures  or  interlineations. 

Third.  These  documents,  which  shall  be  deemed  to  contain  all  the 
conditions  of  contract  with  the  crew  as  to  their  service,  pay,  voyage, 
and  all  other  things,  shall  be  produced  by  the  master,  and  laid  before 
any  consul,  or  other  commercial  agent  of  the  United  States,  whenever 
he  may  deem  their  contents  necessary  to  enable  him  to  discharge  the 
duties  imposed  upon  him  by  law  toward  any  mariner  applying  to  him 
for  his  aid  or  assistance. 

Fourth.  All  interlineations,  erasures,  or  writing  in  a  hand  different 
from  that  in  which  such  duplicates  were  originally  made,  shall  be 
deemed  fraudulent  alterations,  working  no  change  in  such  papers,  un- 
less satisfactorily  explained  in  a  manner  consistent  with  innocent  pur- 
poses and  the  provisions  of  law  which  guard  the  rights  of  mariners. 

Fifth.  If  any  master  of  a  vessel  shall  proceed  on  a  foreign  voyage 
without  the  documents  herein  required,  or  refuse  to  produce  them  when 
required,  or  to  perform  the  duties  imposed  by  this  section,  or  shall  vio- 
late the  provisions  thereof,  he  shall  be  liable  to  each  and  every  indi- 
vidual injured  thereby  in  damages,  to  be  recovered  in  any  court  of  the 
United  States  in  the  district  where  such  delifiquent  may  reside  or  be 
found,  and  in  addition  thereto  be  punishable  by  a  fine  of  one  hundred 
dollars  for  each  offense. 

Sixth.  It  shall  be  the  duty  of  the  boarding-oflicer  to  report  all  viola- 
tions of  this  section  to  the  collector  of  the  port  Avhere  any  vessel  may 
arrive,  and  the  collector  shall  report  the  same  to  the  Secretary  of  the 
Treasury  and  to  the  United  States  attorney  in  his  district. 

20  July,  1840,  ch.  48,  v.  5,  pp.  394,  395,  397. 
27  Feb.,  1877,  v.  19,  p.  252. 


252  MERCHANT   VESSELS   AND    SERVICE.      YACHTS. 


I 


Title  70,  Chap.  3.     Sec.  5358.  Every  person  who  plunders,  steals,  or  destroys  any  money 
Plunderin  g  SP^ds,  mercliandise,  or  otlier  effects,  from  or  belonging  to  any  vessel  in 
wrecked  vessels,  distress,  or  wrecked,  lost,  stranded,  or  cast  away,  upon  the  sea,  or  upon 
&c.  any  reef,  slioal,  bank,  or  rocks  of  the  sea,  or  in  any  other  place  within 

the  admiralty  and  maritime  jurisdiction  of  the  United  States;  and 
every  person  who  willfully  obstructs  the  escape  of  any  person  endeav- 
oring to  save  his  life  from  such  vessel,  or  the  wreck  thereof;  and  every 
person  who  holds  out  or  shows  any  false  light,  or  extinguishes  any  true 
light,  with  intent  to  bring  any  vessel,  sailing  upon  the  sea,  into  danger, 
or  distress,  or  shipwreck,  shall  be  punished  by  a  fine  of  not  more  than 
five  thousand  dollars,  and  imprisoned  at  hard  labor  not  more  than  ten 
years. 

3  March,  1825,  s.  9,  v.  4,  p.  116. 

Conspiracy  to  Sec.  5364.  Every  person  who,  on  the  high  seas,  or  within  the  United 
cast  away  vessel,  states,  willfully  and  corruptly  conspires,  combines,  and  confederates 
with  ahy  other  person,  such  other  person  being  either  within  or  with- 
.out  the  United  States,  to  cast  away  or  otherwise  destroy  any  vessel, 
with  intent  to  injure  any  person  that  may  have  underwritten  or  may 
thereafterward  underwrite  any  policy  of  insurance  thereon  or  on  goods 
on  board  thereof,  or  with  intent  to  injure  any  person  that  has  lent  or 
advanced,  or  may  lend  or  advance,  any  money  on  such  vessel  on  bot- 
tomry or  respondentia ;  and  every  person  who,  within  the  United  States, 
builds,  or  fits  out,  or  aids  in  building  and  fitting  out,  any  vessel  with 
intent  that  the  same  be  cast  away  or  destroyed  with  the  intent  herein- 
before mentioned,  shall  be  punished  by  a  fine  of  not  more  than  ten 
thousand  dollars,  and  by  imprisonment  at  hard  labor  not  more  than 
ten  years. 

Bid.,  6. 23,  p.  122. 

Owner  destroy-  Sec.  5365.  Every  person  who,  on  the  high  seas,  willfully  and  cor- 
ing vessel  at  sea,  ruptly  casts  away  or  otherwise  destroys  any  vessel  of  which  he  is  owner, 
in  whole  or  part,  with  intent  to  prejudice  any  person  that  may  under- 
write any  policy  of  insurance  thereon,  or  any  merchant  that  may  have 
goods  thereon,  or  any  other  owner  of  such  vessel,  shall  suffer  death. 
[See  $  5323,  Piracy.] 

26  March,  1804,  s.  2,  v.  2  p.  290. 

Other  pereons  Sec.  5366.  Every  person,  not  being  an  owner,  who,  on  the  high  seas, 
destroying  vessel  willfully  and  corruptly  casts  away  or  otherwise  destroys  any  vessel  to 
^*  ^®^'  which  he  belongs,  being  the  property  of  any  citizen,  shall  suffer  death. 

[See  $  5323,  Piracy.] 

2  March,  1804,  s.  1,  v.  2.  p.  290. 

3  March,  1875,  v.  18,  p.  479.     See  p.  229. 

Attempt  to  de-     Sec.  5367.  Every  person,  not  being  an  owner,  who,  on  the  high  seas, 

fitroy  vessel    at  -wiUfuUy^  with  intent  to  destroy  the  same,  sets  fire  to  any  vessel,  or 

otherwise  attempts  the  destruction  thereof,  being  the  property  of  any 

citizen,  shall  suffer  imprisonment  at  hard  labor  for  a  term  not  more  than 

ten  years  nor  less  than  three  years. 

29  July,  1850,  s.  7,  v.  9,  p.  441. 

.Title  70,  Chap.  5.     S^c.  5423.  If  any  person  falsely  makes,  forges,  counterfeits,  or  alters 

— — ] any  "instrument  in  imitation  of,  or  purporting  to  be,  an  abstract  or  offi- 

terin^^  ship^s  pa-  ^^^^  ^^VJf  ^^  certificate  of  the  recording,  registry,  or  enrollment  of  any 
pers  "or  custmn-  ^^essel,  in  the  office  of  any  collector  of  the  customs,  or  a  license  to  any 
fcouse documents,  vessel,  for  carrying  on  the  coasting  trade,  or  fisheries  of  the  United 
States,  or  a  certificate  of  ownership,  pass,  passport,  sea-letter,  or  clear- 
ance, granted  for  any  vessel,  under  ihe  authority  of  the  United  States, 
or  a  permit,  debenture,  or  other  official  document  granted  by  any  col- 
lector or  other  officer  of  the  customs,  by  virtue  of  his  office ;  or  passes, 
utters,  or  publishes,  or  attempts  to  pass,  utter,  or  publish,  as  true,  any 
such  false,  forged,  counterfeited,  or  falsely  altered  instrument,  abstract, 
official  copy,  certificate,  license,  pass,  passport,  sea-letter,  clearance, 
permit,  debenture,  or  other  official  document  herein  specified,  knowing 
the  same  to  be  false,  forged,  counterfeited,  or  falsely  altered,  with  an 
intent  to  defraud,  he  shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars,  and  by  imprisonment  at  hard  labor  not  more  than 
three  years.     [See  $  4191.] 

3  March,  1825,  s.  19,  v.  4,  p.  120. 


MURDER,  MANSLAUGHTER,  MAIMING,  MUTINY,  ETC. 


253 


YACHTS. 

Sec.  4214.  The  Secretary  of  the  Treasury  may  cause  yachts  used  and  Title  48»  Chap.  2. 
employed  exclusively  as  jileasure  vessels  or  designed  as  models  of  naval  ~f^.  \ 

architecture,  if  built  and  owned  in  compliance  with  the  provisions  of  yachts?  ^^^  ° 
sections  forty-one  hundred  and  thirty-three  to  forty-one  hundred  and 
thirty-five,  to  he  licensed  on  terms  w  hich  will  authorize  them  to  pro- 
ceed from  port  to  i^ort  of  the  United  States,  and  by  sea  to  foreign  ports, 
without  entering  or  clearing  at  the  custom  house,  such  license  shall  be 
in  such  form  as  the  Secretary  of  the  Treasury  may  prescribe.  The  owner 
of  any  such  vessel,  before  taking  out  such  license,  shall  give  a  bond  in 
such  form  and  for  such  amount  as  the  Secretary  of  the  Treasury  8haHr-=!-rr»»^ 
prescribe,  conditioned  that  the  vessel  shall  not  engage  in  any  trade,  ^     " 

nor  in  any  way  violate  the  revenue  laws  of  the  United  States;  and  shall 
comply  with  the  laws  in  all  other  respects.  Such  vessels,  sa.eQj'o^ed 
and  licensed,  shall  not  be  allow^ed  to  transport  merchandisAprjggifcry 
passengers  for  pay.  Such  vessels  shall  have  their  name  and  poV 
on  some  conspicuous  portion  of  their  hulls.  Such  vessels  shallf  jS'aSl 
respects,  except  as  above,  be  subject  to  the  laws  of  the  United  States, 
and  shall  be  liable  to  seizure  and  forfeiture  for  any  violation  of  the  jiro- 
visions  of  this  title :  Provided,  That  all  charges  for  license  and  inspection 
fees  for  any  pleasure  vessel  or  yacht  shall  not  exceed  five  dollars,  and 
for  admeasurement  shall  not  exceed  ten  cents  per  ton. 

7  Aug.,  1848,  8.  2,  V.  9,  p.  274. 

20  Jime,  1870,  s.  l,v.  16,  p.  171. 

3  March,  1883,  ch.  133,  v.  22,  p.  566. 

Sec.  4215.  All  such  licensed  yachts  shall  use  a  signal  of  the  form,  size.  Signals  of  yachts, 
and  colors  prescribed  by  the  Secretary  of  the  Navy ;  and  the  owners 
thereof,  shall  at  all  times  permit  the  naval  architects  in  the  employ  of 
the  United  States  to  examine  and  copy  the  models  of  sueh  yachts. 
7  Aug.,  1848,  s.  3,  v.  9,  p.  274. 

Sec.  4216.  Yachts,  belonging  to  a  regularly  organized  yacht  club  of    Yachts  belong- 
any  foreign  nation  w^hich  shall  extend  like  privileges  to  the  yachts  of  ing  to  foreign 
the  United  States,  shall  have  the  privilege  of  entering  or  leaving  any  yacht-clubs, 
port  of  the  United  States  without  entering  or  clearing  at  the  custom- 
house thereof,  or  paying  tonnage  tax. 

29  June,  1870,  s.  2,  v.^l 6,  p.  1 70. 

Sec.  4217.  For  the  identification  of  yachts  and  their  owners,  a  com-  Commissions  to 
mission  to  sail  for  pleasure  in  any  designated  yacht  belonging  to  any  yachts, 
regularly  organized  and  incorporated  yacht  club,  stating  the  exemp- 
tions and  privileges  enjoyed  under  it,  maybe  issued  by  the  Secretary 
of  the  Treasury,  and  shall  be  a  token  of  credit  to  any  United  States 
official,  and  to  the  authorities  of  any  foreign  power,  for  privileges  en- 
joyed under  it. 

Ibid.,  s.  3. 

Sec.  4218.  Every  yacht  visiting  a  foreign  country  under  the  provisions  Entry  of  yachts, 
of  the  four  preceding  sections  shall,  on  her  return  to  the  United  States, 
make  due  entry  at  the  custom-house  of  the  port  at  which,  on  such  return, 
she  shall  arrive. 

Ibid.,  s.  4,  p.  171. 

MrJEDEE,  MAKSLAUGHTEE,  MAIMING,  MUTmY,  &c. 


Sec. 

1624.  Art.  6.  Murder  by  persons  on  public  vessels. 

5325.  Punishment  of  death  by  hanging. 

5326.  No  conviction  to  work  corruption  of  blood 

or  forfeiture  of  estate. 

5327.  Whipping  and  the  pillory  abolished. 
Jurisdiction  of  State  coiirts. 


5328. 

5329.  Benefit  of  clergy. 

5330    ---    -• ^^ 

5339 
5340 


5341. 
5342. 


Pardoning  power. 

Murder. 

Delivery  of  oifender's  body  for  dissection, 

when. 
Manslaughter. 
Attempt  to  commit  murder  or  manslaughter. 


Sec. 

5343.  Punishment  of  manslaughter. 

5344.  Officers  and  owners  of  steamboats  through 

whose  misconduct,  &c.,  life  is  lost. 

5345.  Kape. 

5346.  Assault  with  a  dangerous  weapon. 

5347.  Maltreatment  of  crew  by  officers  of  vessels. 

5348.  Maiming,  &c. 

1624.  Mutiny  in  the  Navy. 

5359.  Inciting  revolt  or  mutiny  on  shipboard. 

5360.  Kevolt  and  mutiny  on  shipboarcf. 

5390.  Misprison  of  feloiiy. 

5391.  Oflenses  committed  in  places  ceded  to  the 

United  States.  * 


Sec.  1624.  Art.  6.  If  any  person  belonging  to  any  public  vessel  of  the  Title  15,  Chap.lO, 

United  States  commits  the  crime  of  murder  without  the  territorial  juris-  ~ir^ — ~ 

Miction  thereof,  he  may  be  tried  by  court-martial  and  punished  with    '^^"™^''- 
death, 

17  July,  1862,  s.  1,  v.  12,  p.  602. 


254  MURDER,  MANSLAUGHTER,  MAIMING,  MUTINY,  ETC. 


Title  70,  Chap.  1.     Sec.  5325.  The  manner  of  inflicting  the  punishment  of  death  shall  be 

Punishment  of  ^y  hanging.     [See  $  5340.] 
death    by   hang-  30  April,  1790,  s.  33,  v.  1,  p.  119. 

ing. 

No  conviction     Sec.  5326.  No  conviction  or  judgment  shall  work  corruption  of  blood 
to  work  corrup-  or  any  forfeiture  of  estate, 
tion  ot  blood  or  *'  t^-j       o^       ,-,,, 

forfeiture  of   es-  -*  o*«m  s.  24,  p.  117. 

Whipping  and     Sec.  5327.  The  punishment  of  whipping  and  of  standing  in  the  pillory 
the  pillory  abol-  shall  not  be  inflicted. 
^^^^^-  28  Feb.,  1839,  8.  5,  t.  5,  p.  322. 

Jurisdiction  of     Sec.  5328.  Nothing  in  this  Title  shall  be  held  to  take  away  or  impair 
State  courts.        ^j^^  jurisdiction  of  the  courts  of  the  several  States  under  the  laws 
thereof. 

3  March,  1795,  s.  26,  v.  4,  p.  122. 

Benefit     of     Sec.  5329.  The  benefit  of  clergy  shall  not  be  used  or  allowed,  upon 
•lergy.  conviction  of  any  crime  for  which  the  punishment  is  death. 

30  April,  1790,  s.  31,  v.  1,  p.  119. 

Pardoning     Sec.  5330.  Whenever,  by  the  judgment  of  any  court  or  judicial  officer 
power.  of  the  United  States,  in  any  criminal  proceeding,  any  person  is  sen- 

tenced to  two  kinds  of  punishment,  the  one  pecuniary  and  the  other 
corporal,  the  President  shall  have  full  discretionary  power  to  pardon 
or  remit,  in  whole  or  in  part,  either  one  of  the  two  kinds,  without,  m 
any  manner,  impairing  the  legal  validity  of  the  other  kind,  or  of  any 
portion  of  either  kind,  not  pardoned  or  remitted. 
20  Feb.,  1863,  s.  1,  v.  12,  p.  656. 

Title  70,  Chap.  3.     Sec.  5339.  Every  person  who  commits  murder — 
Murder.  First.  Within  any  fort,  arsenal,  dock-yard,  magazine,  or  in  any  other 

place  or  district  of  country  under  the  exclusive  jurisdiction  of  the 
United  States; 

Second.  Or  upon  the  high  seas,  or  in  any  arm  of  the  sea,  or  in  any 
river,  haven,  creek,  basin,  or  bay  within  the  admiralty  and  maritime 
jurisdiction  of  the  United  States,  and  out  of  the  jurisdiction  of  any 
particular  State; 

Third.  Or  who  upon  any  of  such  waters  maliciously  strikes,  stabs, 
wounds,  poisons,  or  shoots  at  any  other  person,  of  which  striking,  stab- 
bing, wounding,  poisoning,  or  shooting  such  other  person  dies,  either 
on  land  or  at  sea,  within  or  without  the  United  States,  shall  suffer 
death.     [See  $  5326.] 

30  Apiil,  1790,  8.  3,  v.  1,  p.  113. 
3  March,  1825,  s.  4,  v.  4,  p.  115. 

Delivery  of  of-  Sec.  5340.  The  court  before  which  any  person  is  convicted  of  murder, 
fender's  body  for  ,^ay^  ju  j^s  discretion,  add  to  the  judgment  of  death,  that  the  body  of 
dissection,  when.  ^-^^  offender  be  delivered  to  a  surgeon  for  dissection  ;  and  the  marshal 
who  executes  such  judgment  shall  deUver  the  body,  after  execution,  to 
such  surgeon  as  the  court  may  direct ;  and  such  surgeon,  or  some  person 
by  him  appointed,  shall  receive  and  take  away  the  body  at  the  time  of 
execution. 

30  April,  1790,  8. 4,  v.  1,  p.  113. 

Manslaughter.  Sec.  5341.  Every  person  who,  within  any  of  the  places  or  upon  any 
of  the  waters  described  in  section  fifty-three  hundred  and  thirty-nine, 
unlawfully  and  wilfully,  but  without  malice,  strikes,  stabs,  wounds, 
or  shoots  at,  or  otherwise  injures  another,  of  which  striking,  stabbing, 
wounding,  shooting,  or  other  injury  such  other  person  dies,  either  on 
land  or  sea,  within  or  without  the  United  States,  is  guilty  of  the  crime 
of  manslaughter. 

Ibid.,  8. 7. 

3  March,  1857,  s.  1,  v.  11,  p.  250. 

Attempt  to      Sec.  5342.  Every  person  who,  within  any  of  the  places  or  upon  any 

€ommit    murder  q£  ^^^  waters  described  in  section  fifty-three  hundred  and  thirty-nine, 

mans    ug         attempts  to  commit  the  crime  of  murder  or  manslaughter,  by  any  means 

not  constituting  the  offeuse  of  assault  with  a  dangerous  weapon,  shall 

be  punished  by  imprisonment,  with  or  without  hard  labor,  not  more 

than  three  years,  and  by  a  fine  of  not  more  than  one  thousand  dollars. 

3  March,  1857,  s.  2,  v.  11,  p.  250. 


I 


MURDER,  MANSLAUGHTER,  MAIMING,  MUTINY,  ETC.  255 

Sec.  5843.  The  pimisbment  of  manslaughter  shall  be  imprisonment,     Pumshment  of 
tiot  exceeding  ten  years  and  a  fine  not  exceeding  one  thousand  dollars,  except  manslaughter, 
as  otherwise  specially  provided  by  law. 

30  April,  1790,  s.  7,  v,  1,  p.  113. 

3  March,  1857,  a.  3,  v.  11,  p.  250. 

3  March,  1875,  s.  1, 2,  v.  18,  p.  138. 

Sec.  5344.  Every  captain,  engineer,  pilot,  or  other  person  employed     Officer's    and 
on  any  steamboat  or  vessel,  by  whose  misconduct,  negligence,  or  iuat-^^^*^^^^^^*®^ 
tention  to  his  duties  on  such  vessel,  the  life  of  any  person  is  destroyed,  ■vv'ho^e   mi^con- 
and  every  owner,  inspector,  or  other  public  officer,  through  whose  fraud,  duct,  &c.,  life  is 
connivance,   misconduct,  or  violation  of  law,  the  life  of  any  person  is  lost,  guilty  of 
destroyed,  shall  be  deemed  guilty  of  manslaughter,  and,  upon  convic-  i^ianslaughter. 
tion  thereof  before  any  circuit  court  of  the  United  States,  shall  be  sen- 
tenced to  confinement  at  hard  labor  for  a  period  of  not  more  than  ten 
years. 

'  28  Feb.,  1871,  s.  57,  v.  16,  p.  456. 

Sec.  5345.  Every  person  who,  within  any  of  the  places  or  upon  a»y    Kape. 
of  the  waters  specified  in  section  fifty-three  hundred  and  thirty-nine, 
commits  the  crime  of  rape  shall  sulier  death. 
3  March,  1825,  s.  4,  v.  4,  p.  115. 

Sec.  5346.  Every  person  who,  upon  the  higlrseas,  or  in  any  arm  of  the  ,  Assault  -with  a 
sea,  or  in  any  river,  haven,  creek,  basin,  or  bay,  within  the  admiralty  ^eapon.^  r  o  u  a 
jurisdiction  of  the  United  States,  and  out  of  the  jurisdiction  of  any 
particular  State,  on  board  any  vessel  belonging  in  whole  or  part  to  the 
United  States,  or  any  citizen  thereof,  with  a  dangerous  weapon,  or  with 
intent  to  perpetrate  any  felony,  commits  an  assault  on  another  shall 
bo  j)uui8hed  by  a  fine  of  not  more  than  three  thousand  dollars,  and  by 
imprisonment  at  hard  labor  not  more  than  three  years. 
7&i;d.,8.22,p.l2i. 

Sec.  5347.  Every  master  or  other  officer  of  any  American  vessel  on    Maltreatment 
the  high  seas,  or  on  any  other  waters  within  the  admiralty  and  ™ari- °?^^®^lj-J°^*^®" 
time  jurisdiction  of  the  United  States,  who,  from  malice,  hatred,  or 
revenge,  and  without  justifiable  cause,  beats,  wounds,  or  imprisons  any 
of  the  crew  of  such  vessel,  or  withholds  from  them  suitable  food  and 
nourishment,  or  inflicts  upon  them  any  cruel  or  unusual  punishment, 
shall  be  punished  by  a  fine  of  not  more  than  one  thousand  dollars,  or 
by  imprisonment  not  more  than  five  years,  or  by  both. 
3  March,  1835,  s.  3,  v.  4,  p.  776. 

Sec.  5348.  Every  person  who,  within  any  of  the  places  upon  the  land 
under  the  exclusive  jurisdiction  of  the  United  States,  or  who,  upon  the 
high  seas,  in  any  vessel  belonging  to  the  United  States,  or  to  any  citizen 
thereof,  maliciously  cuts  off  the  ear,  cuts  out  or  disables  the  tongue, 
puts  out  an  eye,  slits  the  nose,  cuts  oif  the  nose  or  lip,  or  cuts  off  or 
disables  any  limb  or  member  of  any  person,  with  intent  to  maim  or  dis- 
figure such  person,  shall  be  imprisoned  at  hard  labor  not  more  than 
seven  years,  and  fined  not  more  than  one  thousand  dollars. 

30  April,  1790,  s.  13,  v.  1,  p.  115. 

Sec.  5390.  Every  person  who,  having  knowledge  of  the  actual  com-  Title  70,  Chap.  3. 
mission  of  the  crime  of  murder  or  other  felony  upon  the  high  seas,  or    Misprision    of 
within  any  fort,  arsenal,  dock-yard,  magazine,  or  other  place  or  district  felony, 
of  country  under  the  exclusive  jurisdiction  of  the  United  States,  con- 
ceals, and  does  not  as  soon  as  may  be  disclose  and  make  known  the 
same  to  some  one  of  the  judges  or  other  persons  in  civil  or  military  au- 
thority under  the  United  States,  is  guilty  of  misprision  of  felony,"  and 
shall  be  imprisoned  not  more  than  three  years,  and  fined  not  more  than 
five  hundred  dollars. 

30  April,  1790,  s.  6,  v.  1,  p.  113. 

Sec.  5391.  If  any  offense  be  committed  in  any  place  which  has  been  Certain oflfenses 
or  may  hereafter  be,  ceded  to  and  under  the  jurisdiction  of  the  United  committed  in 
States,  which  offense  is  not  prohibited,  or  the  punishment  thereof  is  not  United  ^States** 
specially  provided  for,  by  any  law  of  the  United  States,  such  offense  how  punished.  ' 
shall  be  liable  to,  and  receive,  the  same  punishment  as  the  laws  of  the 
State  in  which  such  place  is  situated,  now  in  force,  provide  for  the  like 
offense  when  committed  within  the  jurisdiction  of  such  State;  and  no 


256  NATURALIZATION — CITIZENSHIP. 

subsequent  repeal  of  any  such  State  law  shall  affect  any  prosecution 
for  such  offense  in  any  court  of  the  United  States. 

3  March,  1825,  s.  3,  v.  4.  p.  115. 

5  April,  1866,  s.  2,  v.  14,  p.  13, 

MUTINY. 

Title  15,Chap.  10.     Sec.  1624.  Art.  4.  The  punishment  of  death,  or  such  other  punish- 
Mutiny  in  the  ^^''^*  ^®  ^  court-martial  may  adjudge,  may  be  inflicted  on  any  person 
Navy.  in  '^^^  naval  service — 

First.  Who  makes,  or  attempts  to  make,  or  unites  with  any  mutiny 
or  mutinous  assembly,  or,  being  witness  to  or  present  at  any  mutiny^ 
does  not  do  his  utmost  to  suppress  it ;  or,  knowing  of  any  mutinous 
assembly  or  of  any  intended  mutiny,  does  not  immediately  communi- 
cate his  knowledge  to  his  superior  or  commanding  officer; 

#  *  *  *  *  *  # 

17  Jtdy,  1862,  8.  1,  v.  12,  p.  600. 

Title  70,  Chap.  3.     Sec.  5359.  If  any  one  of  the  crew  of  any  American  vessel  on  the  high 

—I — — 71  seas,  or  other  waters  within  the  admiralty  and  maritime  jurisdiction  of 

or  mu  "fn^y^on  the  United  States,  endeavors  to  make  a  revolt  or  mutiny  on  board  such 
shipboard.  vessel,  or  combines,  conspires,  or  confederates  with  any  other  j)erson  on 

board  to  make  such  revolt  or  mutiny,  or  solicits,  incites,  or  stirs  up  any 
other  of  the  crew  to  disobey  or  resist  the  lawful  orders  of  the  master,  or 
other  officer  of  such  vessel,  or  to  refuse  or  neglect  their  proper  duty  on 
board  thereof,  or  to  betray  their  proper  trust,  or  assembles  with  others 
in  a  tumultuous  and  mutinous  manner,  or  makes  a  riot  on  board  thereof, 
or  unlawfully  confines  the  master,  or  other  commanding  officer  thereof, 
he  shall  be  punished  by  a  fine  of  not  more  than  one  thousand  dollars,  or 
by  imprisonment  not  more  than  five  years,  or  by  both  such  fine  and  im- 
prisonment. 

3  March,  1835,  s.  2,  v.  4,  p.  776. 
30  April,  1790,  s.  12,  v.  1,  p.  115. 

Revolt  and  ran-  Sec.  5360.  If  any  one  of  the  crew  of  an  American  vessel  on  the  high 
tiiiy  on  ship-  geas,  or  on  any  other  waters  within  the  admiralty  and  maritime  juris- 
board.  diction  of  the  United  States,  unlawfully  and  with  force,  or  by  fraud,  or 

intimidation,  usurps  the  command  of  such  vessel  from  the  master  or 
other  lawful  officer  in  command  thereof,  or  deprives  him  of  authority 
and  command  on  board,  or  resists  or  prevents  him  in  the  free  and  lawful 
exercise  thereof,  or  transfers  such  authority  and  command  to  another 
not  lawfully  entitled  thereto,  he  is  guilty  of  a  revolt  and  mutiny,  and 
shall  be  punished  by  a  fine  of  not  more  than  two  thousand  dollars,  and 
by  imprisonment  at  hard  labor  not  more  than  ten  years. 
3  March,  1835,  s.  1,  v.  4, p.  775. 
30  April,  1790,  s.  8,  v.  1,  p.  113. 

NATURALIZATIOl^T— CITIZENSHIP.    [See  also  Expatriation.] 


Sec. 

2165.  Aliens,  how  naturalized. 

2166.  Aliens  honorably  discharged  from  military 

service. 

2167.  Minor  residents. 

2168.  Widow  and  children  of  declarants. 


Sec. 

2170.  Eesidence  of  five  years  in  United  States. 
2117.  Alien  enemies  notadmitted. 
2172.  Children  of  persons'  naturalized  under  cer- 
tain laws  to  he  citizens. 
2174.  Naturalization  of  seamen. 


NATURALIZATION. 

Title  30.  Sec.  2165.  An  alien  may  be  admitted  to  become  a  citizen  of  the  United 

Aliens  how'nat-  States  in  the  following  manner,  and  not  otherwise : 

uralized'.       '      '     First.  He  shall  declare  on  oath,  before  a  circuit  or  district  court  of 

Declaration  o  f  the  United  States,  or  a  district  or  supreme  court  of  the  Territories,  or 

intention.  a  court  of  record  of  any  of  the  States  having  common-law  jurisdiction, 

and  a  seal  and  clerk,  two  years,  at  least,  prior  to  his  admission,  that  it 

is  his  bona  fide  intention  to  become  a  citizen  of  the  United  States,  and 

to  renounce  forever  all  allegiance  and  fidelity  to  any  foreign  prince, 

potentate,  state,  or  sovereignty,  and,  particularly,  by  name,  to  the 

prince,  potentate,  state,  or  sovereignty  of  which  the  alien  may  be  at 

the  time  a  citizen  or  subject.     [See  Citizenship,  post,  as  to  Chinese.] 

14  April,  1802,  ss.  1,  3,  v,  2,  pp.  153,  155. 

26  Mav,  1824,  s.  4,  v.  4,  p.  69. 

1  Feb.',  1876,  chap.  5,  v.  19,  p.  2. 


NATURALIZATION CITIZENSHIP.  257 

Second.  He  shall,  at  the  time  of  his  application  to  be  admitted,  de-    Oath  to  support 
clare,  on  oath,  before  some  one  of  the  courts  above  specified,  that  he  of*the*Un  U^e'd 
will  support  the  Constitution  of  the  United  States,  and  that  he  abso-  states, 
lutely  and  entirely  renounces  and  abjures  all  allegiance  and  fidelity  to 
every  foreign  prince,  potentate,  state,  or  sovereignty ;  and,  particularly, 
by  name,  to  the  prince,  potentate,  state,  or  sovereignty  of  which  he  was 
before  a  citizen  or  subject ;  which  proceedings  shall  be  recorded  by  the 
clerk  of  the  court. 

Third.  It  shall  be  made  to  appear  to  the  satisfaction  of  the  court  ad-     Reside  n  c  e  i » 
mitting  such  alien  that  he  has  resided  within  the  United  States  five  ^"[^^d  States,  or 
years  at  least,  and  within  the  State  or  Territory  where  such  court  is  at  moScharacter 
the  time  held,  one  year  at  least ;  and  that  during  that  time  he  has  be- 
haved as  a  man  of  good  moral  character,  attached  to  the  principles  of 
the  Constitution  of  the  United  States,  and  well  disposed  to  the  good 
order  and  happiness  of  the  same  ;  but  the  oath  of  the  applicant  shall  * 

in  no  case  be  allowed  to  prove  his  residence. 

Fourth.  In  case  the  alien  applying  to  be  admitted  to  citizenship  has  Titles  of  nobility 
borne  any  hereditary  title,  or  been  of  any  of  the  orders  of  nobility  in  *°  ^® '^^^o'^ced. 
the  kingdom  or  state  from  which  he  came,  he  shall,  in  addition  to  the 
above  requisites,  make  an  express  renunciation  of  his  title  or  order  of 
nobility  in  the  court  to  which  his  application  is  made,  and  his  renuncia- 
tion shall  be  recorded  in  the  court. 

14  April,  1802,  s.  1,  v.  2,  p.  153. 

Sec.  2166.  Any  alien,  of  the  age  of  twenty-one  years  and  upward^     Aliens    honor- 
who  has  enlisted,  or  may  enlist,  in  the  armies  of  the  United  States?  ^^^y    discharged 
either  the  regular  or  the  volunteer  forces,  and  has  been,  or  maybe  here-  eerv^e.™*  ^  "^ 
after,  honorably  discharged,  shall  be  admitted  to  become  a  citizen  of 
the  United  States,  upon  his  petition,  without  any  previous  declaration 
of  his  intention  to  become  such  ;  and  he  shall  not  be  required  to  prove 
more  than  one  year's  residence  within  the  United  States  previous  to 
his  application  to  become  such  citizen ;  and  the  court  admitting  such 
alien  shall,  in  addition  to  such  proof  of  residence  and  good  moral  char- 
acter, as  now  provided  by  law,  be  satisfied  by  competent  proof  of  such 
person's  having  been  houqrably  discharged  from  the  seryice  of  the 
United  States. 

17  July,  1862,  s.  21,  v.  12,  p.  597. 

Sec.  2167.  Any  alien,  being  under  the  age  of  twenty-one  years,  who  IMQnor  resident* 
has  resided  in  the  United  States  three  years  next  preceding  his  arriving 
at  that  age,  and  who  has  continued  to  reside  therein  to  the  time  he 
may  make  application  to  be  admitted  a  citizen  thereof,  may,  after  he 
arrives  at  the  age  of  twenty-one  years,  and  after  he  has  resided  five 
years  within  the  United  States,  including  the  three  years  of  his  minor- 
ity, be  admitted  a  citizen  of  the  United  States,  without  having  made 
the  declaration  required  in  the  first  condition  of  section  twenty-one 
hundred  and  sixty-five ;  but  such  alien  shall  make  the  declaration  re- 
quired therein  at  the  time  of  his  admission ;  and  shall  further  declare, 
on  oath,  and  prove  to  the  satisfaction  of  the  court,  that,  for  two  years 
next  preceding,  it  has  been  his  bona  fide  intention  to  become  a  citizen 
of  the  United  States;  and  he  shall  in  all  other  respects  comply  with 
the  laws  in  regard  to  naturalization. 
26  May,  1824,  s.  1,  v.  4,  p.  69. 

Sec.  2168.  When  any  alien,  who  has  complied  with  the  first  con-   "Widow  and ohil- 
dition  specified  in  section  twenty-one  hundred  and  sixty-five,  dies  be-  <1™^  o  ^  declar- 
fore  he  is  actually  naturalized,  the  widow  and  the  children  of  such  ^°*"' 
alien  shall  be  considered  as  citizens  of  the  United  States,  and  shall  be 
entitled  to  all  rights  and  privileges  as  such,  upon  taking  the  oaths 
prescribed  by  law. 

26  March,  1804,  s.  2,  v.  2,  p.  293. 

Sec,  2170.  No  alien  shall  be  admitted  to  become  a  citizen  who  has  Residence  of 
not  for  the  continued  term  of  five  years  next  preceding  his  admission  fiveyears  in 
resided  within  the  United  States.  United  States. 

3  March,  1813,  s.  12,  v.  2,  p.  811. 

Sec.  2171.  No  alien  who  is  a  native  citizen  or  subject,  or  a  denizen     Alien    enemie» 
of  any  country,  state,  or  sovereignty  with  which  the  United  States  are  °°*  admitted, 
at  war,  at  the  time  of  his  application,  shall  be  then  admitted  to  become 
a  citizen  of  the  United  States;     *     '♦     *     nor  shall  anything  herein  con- 
tained be  taken  or  construed  to  interfere  with  or  prevent  the  apprehen- 
11181.. 17 


258 


N  ATUR  ALIZ  ATION  — C ITIZ  ENSHIP. 


sioQ  and  removal,  agreeably  to  law,  of  any  alien  enemy  at  any  time 
previous  to  the  actual  naturalization  of  such  alien. 

14  April,  1802,  8. 1.  v.  2,  p.  153. 

30  July,  1813,  tthap.  36,  v.  3,  p.  53. 

Children  of  per-      Sec.  2172.  The  children  of  persons  who  have  been  duly  naturalized 

aons    naturahzed  under  any  law  of  the  United  States,  or  who,  previous  to  the  passing 

an  d  er  certain  ©f  any  law  on  that  subject,  by  the  Government  of  the  United  States, 

Bens  "may  have  become  citizens  of  any  one  of  the  States,  under  the  laws 

thereof,  being  under  the  age  of  twenty-one  years  at  the  time  of  the 

naturalization  of  their  parents,  shall,  if  dwelling  in  the  United  States, 

be  considered  as  citizens  thereof;      *     *     * 

14  April,  1802.  s.  4,  v.  2,  p.  155. 

Naturalization      Sec.  2174.   Every  seaman,  being  a  foreigner,  who  declares  his  in- 
•of  seamen.  tention  of  becoming  a  citizen  of  the  United  States  in  any  competent 

courts  and  shall  have  served  three  years  on  bo^rd  of  a  merchant- vessel 
of  the  United  States  subsequent  to  the  date  of  such  declaratiou,  may, 
on  his  application  to  any  competent  court,  and  the  production  of  his 
certificate  of  discharge  and  good  conduct  during  that  time,  together 
with  the  certificate  of  his  declaration  of  intention  to  become  a  citizt^n, 
be  admitted  a  citizen  of  the  United  States;  and  every  seaman,  being 
a  foreigner,  shall,  after  his  declaration  of  intention  to  become  a  citizen 
of  the  United  States,  and  after  he  shall  have  served  such  three  years, 
be  deemed  a  citizen  of  the  United  States  for  the  purpose  of  manning 
and  serving  on  board  any  merchant-vessel  of  the  United  States,  any- 
thing to  the  contrary  in  any  act  of  Congress  notwithstanding;  but 
such  seaman  shall,  for  all  lairposes  of  protection  as  an  American  cit- 
izen, he  deemed  such,  after  the  filing  of  his  declaration  of  intention 
to  become  such  citizen. 

7  June,  1872,  s.  29,  v.  17,  p,  268. 

CITIZENSHIP. 


€eo. 

1992.  Who  are  citizens. 

1993.  Citizenship    of  children  of  citizens    born 

abroad. 

1994.  Citizenship  of  married  women. 


Sec. 

1996.  Rights  as  citizens  forfeited  for  desertion,  &c. 

1997.  Certain  soldiers  and  s.iilors  not  to  incur  the 

forfeitures  of  the  last  section. 
Immigration  of  certain  classes  prohibited. 


Who 

sens. 


Title  25.  Sec.  1992.  All  persons  born  in  the  United  States  and  not  subject  to 

"^j^  any  foreign  power,  excluding  Indians  not  taxed,  are  declared  to  be  cit- 


izens of  the  United  States. 

9  April,  1866,  a.  1.  v.  14,  p.  27. 


May  6,  1882 


Chin  e  8  e 
cepted. 


Hereafter  no  State  court  or  court  of  the  United  States  Rhall  admit 

Q  J..  Chinese  to  citizenship ;  and  all  laws  in  conflict  with  this  act  are  hereby 


repealed. 

'  6  May,  1882,  s.  14,  v.  22,  p.  61. 

Title  25.  Sec.  1993.  All  children  heretofore  born  or  hereafter  born  out  of  the 

Citizenship  o  f  ^i^^^^  and  jurisdiction  of  the  United  States,  whose  fathers  were  or  iiiaj' 

children   of  citi-  ^^  ^^  the  time  of  their  birth  citizens  thereof,  are  declared  to  be  citizens 

zensborn  abroad,  of  the  United  States  ;  but  the  rights  of  citizenship  shall  not  descend  to 

children  whose  fathers  never  resided  in  the  United  States. 

14  April,  1802,  s.  4,  v.  2,  p.  155. 
10  Feb.,  1855,  s.  1,  v.  10,  p.  604. 

Citizenship  o  f     Sec.  1994.  Any  woman  who  is  now  or  may  hereafter  be  married  to  a 
married  women,    citizen  of  the  United  States,  and  who  might  herself  be  lawfully  natur- 
alized, shall  be  deemed  a  citizen. 

10  Feb.,  1855,  s.  2,  v.  10,  p.  604. 

Rights  as  citi-     Sec.  1996.  All  persons  who  deserted  the  military  or  naval  service  of 

aens  forfei^  for  ^]je  United  States  and  did  not  return  thereto  or  report  themselves  to  a 

desertion,  &c.       provost-marshal  within  sixty  days  after  the  issuance  of  the  proclamaton 

by  the  President,  dated  the  11th  day  of  March,  lc*65,  are  deemed  to  have 

voluntarily  relinquished  and  forfeited  their  rights  of  citizenship  a^  well 

as  their  right  to  become  citizens  ;  and  such  deserters  shall  be  forever  iu- 

capable  of  holding  any  office  of  trust  or  profit  under  the  United  States, 

or  of  exercising  any  rights  of  citizens  thereof. 

3  March,  1865,  s.  21,  v.  13,  p.  490. 


NEUTRALITY ALIEN    ENEMIES.  259 

Skc.  1997.  No  soWier  or  sjiilor,  liowever,  who  faithfully  served  accord-     Certain  soldiers 
lug  to  his  ruli«tnient  until  the  19th  day  of  April,  18G5,  and  who,  without  ?"<*  ^*tl**'^Vrf  ^ 
proper  authority  or  leave  linst  obtained,  quit  his  command  or  refused  to  UJ-es^of  the  iMt 
serve  after  that  date,  shall  be  held  to  be  a  deserter  from  the  Army  or  section. 
Navy  ;  but  this  section  shall  be  construed  solely  as  a  removal  of  any 
disability  such  soldier  or  sailor  may  have  incurred,  under  the  preceding 
section,  by  the  loss  of  citizenship  and  of  the  right  to  hold  office,  in  con- 
sequence of  his  d«\sertion. 

19  July,  1867,  chap.  28,  v.  15,  p.  14. 

It  shall  be  unlawful  for  aliens  of  the  following  classes  to  immigrate    3  March,  1876. 
into  the  United  States,  namely,  psrsons  who  are  undergoing  a  sentence     immigration  of 
for  conviction  in  their  own  country  of  felonious  crimes  other  than  po- alien  convicts, 
litical  or  growing  out  of  the  result  of  such  political  offences,  or  whose  &c.,  forbidden, 
sentence  has  been  remitted  on  condition  of  their  emigration,  and  women 
'imported  for  the  purposes  of  prostitution."     *     ♦*     »  ^ 

3  March,  1875,  chap.  140,  ss.  5,  v.  18,  p.  476. 

[The  l8tand2d  sections  of  the  act  of  May  6,  1882,  chap.  126,  vol.  22,  p.  58,  sus- 
pended the  immigration  of  Chinese  laborers  to  the  United  States,  after  ninety 
da.ys  from  the  passage  of  the  act,  for  ten  years,  and  provided  that  the  master  of 
any  vessel  who  should  knowingly  bring  within  the  United  States,  and  land  or 
permit  to  be  landed  any  Chinese  laborer  from  any  foreign  port  or  place,  should 
be  deemed  guilty  of  a  uiisdemeanor  and,  on  conviction  thereof,  be  punished  by 
a  fiue  of  not  more  than  five  hundred  dollars  for  each  and  every  such  Chinese 
laborer  so  brought,  and  also  might  be  imprisoned  for  a  terra  not  exceeding  one 
year.  The  words  "Chinese  laborers "  are  to  be  construed  to  mean  both  skilled 
ana  unskilled  laborers  and  Chinese  employed  in  mining.] 

NoTKS. — A  child  born  in  the  United  States  of  alien  parents,  who  have  never 
been  naturalized,  is  by  the  fact  of  birth  a  native-born  citizen  of  the  United 
States,  entitled  to  all  the  rights  and  privileges  of  citizenship.  So  of  children 
born  in  the  United  States  of  alien  subjects  who  have  declared  their  intention 
of  becoming  citizens  of  the  United  States.  Children  born  abroad  of  aliens  (who 
subsequently  emigrated  to  the  United  States  with  their  families  and  were  nat- 
uralized here  duiing  the  minority  of  their  children)  are  citizens  of  the  United 
States, -Op.  X,  pp.  328.  329,  Sept.  1  and  2,  1862.     Bates. 

An  American  citizen,  domiciled  in  a  foreign  country,  who  has  taken  an  oath 
of  allegiance  to  the  foreign  sovereign  is  not  under  th«!  protection  of  the  United 
Slates.— Mui ray  r.  The  Charming  Betsey  2  Cranch  S.  C.  Brightly 's  Federal 
Digest,  p.  41. 

I^EUTEALITY— ALIEN  ENEMIES,  ETC. 

Sec.  [  Sec. 


5281.  Accepting  a  foreign  commission. 

5282.  Enlisting  in  foreign  service. 

5283.  Ai-ming  vessels  against  people  at  peace  with 

the  United  States. 

5284.  Arming  vessels  to  cruise  against  citizens  of 

the  United  States. 

5285.  Augmenting  force  of  foreign  vessel  of  war. 


5286.  Military  expeditions  against  people  at  peace 
with  United  States. 

5287.  Enforcement  of  foregoing  provisions. 

5288.  Compelling  foreign  vessels  to  depart. 

5289.  Aimed  vessels  to  give  bond  on  clearance. 

5290.  Detention  by  collectors  of  customs. 

5291.  Construction  of  this  Title. 
Amending  sec.  5287. 

Sec.  5281.  Every  citizen  of  the  United  States  who,  within  the  terri-        Title  07. 

tory  or  jurisdiction  thereof,  accepts  and  exercises  a  commission  to  serve  ". ..  ^^f 

a  foreign   prince,  state,  colony,  district,  or  people,  in  war,  by  land  or  eign^commfssion! 
by  sea,  against  any  prince,  state,  colony,  district,  or  people,  w  ith  whom 
the  United  States  are  at  peace,  shall  be  deemed  guilty  of  a  high  mis- 
demeanor, and  shall  be  lined  not  more  than  two  thousand  dollars,  and 
imprisoned  not  more  than  three  years. 

20  April,  1818,  s.  1,  v.  3,  p.  447. 

Sec.  5282.  Every  person  who,  within  the  territory  or  jurisdiction  of  Enlisting  in 
the  United  States,  enlists  or  enters  himself,  or  hires  or  retains  another  *'*>'^'Sn  service, 
person  to  enlist  or  enter  himself,  or  to  go  beyond'the  limits  or  jurisdic- 
tion of  the  United  States  with  intent  to  be  enlisted  or  entered  in  the 
service  of  any  foreign  prince,  state,  colony,  district,  or  people,  as  a  sol- 
dier, or  as  a  marine  or  setiman,  on  board  of  any  vessel  of  war,  letter  of 
marque,  or  privateer,  shall  be  deemed  guilty  of  high  misdemeanor,  and 
«haU  be  lined  not  more  than  one  thousand  dollars,  and  imprisoned  not 
more  than  three  years. 

Idem,  8.  2,  p.  448. 

Sec.  5283.  Every  person  who,  within  the  limits  of  the  United  States,     Armingvessels 
fits  out  and  arms,  or  attempts  to  fit  out  and  arm,  or  procures  to  be  fit- against  people  at 
ted  out  and  armed,  or  knowingly  is  concerned  in  the  furnishing,  fitting  &*Sted  States 
out,  or  arming,  of  any  vessel,  with  intent  that  such  vessel  shall  be  em- 
ployed in  the  service  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people,  to  cruise  or  commit  hostilities  against  the  subjects, 


260  NEUTRALITY ALIEN    ENEMIES. 

citizens,  or  property  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people,  with  whom  the  United  States  are  at  peace,  or  who 
issues  or  delivers  a  commission  within  the  territory  or  jurisdiction  of 
the  United  States,  for  any  vessel,  to  the  intent  that  she  may  be  so  em- 
ployed, shall  be  deemed  guilty  of  a  high  misdemeanor,  and  shall  be 
fined  not  more  than  ten  thousand  dollars,  and  imprisoned  not  more 
than  three  years.  And  every  such  vessel,  her  tackle,  apparel,  and  fur- 
niture, together  with  all  materials,  arms,  ammunition,  and  stores,  which 
may  have  been  procured  for  the  building  and  equipment  thereof,  shall 
be  forfeited;  one-half  to  the  use  of  the  informer,  and  the  other  half  to 
the  use  of  the  United  States. 
Idem,  8.  3. 

Arming  vessels      Sec.  5284.  Every  citizen  of  the  United  States  who,  without  the  limits 
to  omise  against  thereof,  fits  out  and  arms,  or  attempts  to  fit  out  and  arm,  or  procures 
IJi^ied'stetes    ^  *^  befitted  out  and  armed,  or  knowingly  aids  or  is  concerned  in  furnish- 
ing, fitting  out,  or  arming  a»ny  private  vessel  of  war,  or  privateer,  with 
intent  that  such  vessel  shall  be  employed  to  cruise,  or  commit  hostili- 
ties, upon  the  citizens  of  the  United  States,  or  their  x^roperty,  or  who 
takes  the  command  of,  or  enters  on  board  of  any  such  vessel,  for  such 
intent,  or  who  purchases  any  interest  in  any  such  vessel,  with  a  view 
to  share  in  the  profits  thereof,  shall  be  deemed  guilty  of  a  high  misde- 
meanor, and  fined  not  more  than  ten  thousand  dollars,  and  imprisoned 
not  more  than  ten  years.     And  the  trial  for  such  offense,  if  committed 
without  the  limits  of  the  United  States,  shall  be  in  the  district  in  which 
the  oftender  shall  be  appprehended  or  first  brought. 
Idem,  8.  4. 

[Sec.  4090  of  the  Revised  Statutes  empowers  United  States  ministers  to  issue 
all  manner  of  writs  to  prevent  citizens  of  the  United  States  from  enlisting  in 
the  military  or  naval  service  of  a  country  to  make  war  upon  any  foreign  power 
with  whom  the  United  States  are  at  peace,  or  in  the  service  of  one  portion  of 
the  people  against  another  portion  of  the  same  people,  and  to  carry  out  this 
power  he  may  resort  to  such  force  belonging  to  the  United  States  as  may  at  the 
time  be  within  his  reach.] 

Augmenting  Sec.  5285.  Every  person  who,  within  the  terrftory  or  jurisdiction  of 
force  of  foreign  the  United  States,  increases  or  augments,  or  procures  to  be  increased 
yesBel  of  war.  or  augmented,  or  knowingly  is  concerned  in  increasing  or  augmenting, 
the  force  of  any  ship  of  war,  cruiser,  or  other  armed  vessel,  which,  at 
the  time  of  her  arrival  within  the  United  States,  was  a  ship  of  war,  or 
cruiser,  or  armed  vessel,  in  the  service  of  any  foreign  prince  or  state, 
or  of  any  colony,  district,  or  people,  or  belonging  to  the  subjects  or  cit- 
izens of  any  such  prince  or  state,  colony,  district,  or  people,  the  same 
being  at  war  with  any  foreign  prince  or  state,  or  of  any  colony,  district, 
or  people,  with  whom  the  United  States  are  at  peace,  by  adding  to  the 
number  of  the  guns  of  such  vessel,  or  by  changing  those  on  board  of 
her  for  guns  of  a  larger  caliber,  or  by  adding  thereto  any  equipment 
solely  applicable  to  war,  shall  be  deemedguilty  of  a  high  misdemeanor, 
and  shall  be  fined  not  more  than  one  thousand  dollars  and  be  impris- 
oned not  more  than  one  year. 

20  April,  1818,  8.  5,  v.  3,  p.  448. 

Militai^'  expe-      ^EC.  5286,  Every  person  who,  within  the  territory  or  jurisdiction  of 

ditions     against  the  United  States,  begins,  or  sets  on  foot,  or  provides  or  prepares  the 

people  at  peace  means  for,  any  military  expedition  or  enterprise,  to  be  carried  on  from 

States*^^  United  thence  against  the  territory  or  dominions  of  any  foreign  prince  or  state, 

or  of  any  colony,  district,  or  people,  with  whom  the  United  States  are 

at  peace,  shall  be  deemed  guilty  of  a  high  misdemeanor,  and  shall  be 

^  fined  not  exceeding  three  thousand  dollars,  and  imprisoned  not  more 

than  three  years. 

Idem,  8.  6,  p.  449. 

Enforcement  of  Sec.  5287.  The  district  courts  shall  take  cognizance  of  all  com- 
foregoing  provis- plaints,  by  whomsoever  instituted,  in  cases  of  captures  made  within 
*o^-  the  waters  of  the  United  States,  or  within  a  marine  league  of  the  coasts 

or  shores  thereof.  In  every  case  in  which  a  vessel  is  fitted  out  and 
armed,  or  attempted  to  be  fitted  out  and  armed,  or  in  which  the  force  of 
any  vessel  of  war,  cruiser,  or  other  armed  vessel  is  increased  or  aug- 
mented, or  in  which  any  military  expedition  or  enterprise  is  begun  or  set 
on  foot,  contrary  to  the  provisions  and  prohibitions  of  this  Title ;  and  in 
every  case  of  the  capture  of  a  vessel  within  the  jurisdiction  or  protection 
of  the  United  States  as  before  defined ;  and  in  every  case  in  which  any 
process  issuing  out  of  any  court  of  the  United  States  is  disobeyed  or 


NEUTRALITY ALIEN   ENEMIES.  261 

•I'sisted  by  any  person  having  the  cnstody  of  any  vessel  of  war,  cruiser, 
»r  other  aimed  vessel  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people,  or  of  any  subjects  or  citizens  of  any  foreign  prince 
or  state,  or  of  any  colony,  district,  or  people,  it  shall  be  lawful  for  the 
President,  or  such  otber  person  as  he  shall  have  empowered  for  that 
purpose,  to  employ  such  part  of  the  land  or  naval  forces  of  the  United 
States,  or  of  the  militia  thereof,  for  the  purpose  of  taking  possession 
of  and  detaining  any  such  vessel,  with  her  prizes,  if  any,  in  order  to 
the  execution  of  the  prohibitions  and  penalties  of  this  Title,  and  to  the 
restoring  of  such  prizes  in  the  cases  in  which  restoration  shall  be  ad- 
judged; and  also  for  the  purpose  of  preventing  the  carrying  on  of  any 
sucli  expedition  or  enterprise  from  the  territories  or  jurisdiction  of  the 
United  States  against  the  territories  or  dominions  of  any  foreign  prince 
or  state,  or  of  any  colony,  district,  or  people  with  whom  the  United 
States  are  at  peace. 

Idem,  8.  8. 
18Feb.,1875,v.  18,  p.320. 

Sec.  5288.  It  shall  be  lawful  for  the  President,  or  such  person  as  he  eign  ve^lJ&dJ^ 
shall  empower  for  that  purpose,  to  employ  such  part  of  the  land  or  p^^ 
naval  forces  of  the  United  States,  or  of  the  militia  thereof,  as  shall  be 
necessary  to  compel  any  foreign  vessel  to  depart  the  United  States  in 
^11  cases  in  which,  by  the  laws  of  nations  or  the  treaties  of  the  United 
4^tate8,  she  ought  not  to  remain  within  the  United  States. 
20  April,  1818,  s.  9,  v.  3,  p.  449. 

Skc.  5289.  The  owners  or  consignees  of  every  armed  vessel  sailing  to'^^elliwad*©]! 
out  of  the  ports  of  the  United  States,  belonging  wholly  or  in  part  to  elegance, 
eitizens  thereof,  shall,  before  clearing  out  the  same,  give  bond  to  the 
United  States,  with  sufficient  sureties,  in  double  the  amount  of  the 
value  of  the  vessel  and  cargo  on  board,  including  her  armament,  con- 
ditioned that  the  vessel  shall  not  be  employed  by  such  owners  to  cruise 
or  commit  hostilities  against  the  subjects,  citizens,  or  property  of  any 
foreign  prince  or  state,  or  of  any  colony,  district,  or  people,  with  whom 
uhe  United  States  are  at  peace. 
Idem,  8. 10. 

Sec.  5290.  The  several  collectors  of  the  customs  shall  detain  any  ves-  j?®*^**®'^  ^\ 
«el  manifestly  built  for  warlike  purposes,  and  about  to  depart  the  United  toms?  "  °  ^^^' 
States,  the  cargo  of  which  princii)ally  consists  of  arms  and  munitions 
of  war,  when  the  number  of  men  shipped  on  board,  or  other  circum- 
stances, render  it  probable  that  such  vessel  is  intended  to  be  employed 
by  the  owners  to  cruise  or  commithostilities  upon  the  subjects,  citizens, 
or  property  of  any  foreign  prince  or  state,  or  of  any  colony,  district,  or 
people  with  whom  the  United  States  are  at  peace,  until  the  decision  of 
the  President  is  had  thereon,  or  until  the  owner  gives  such  bond  and 
security  as  is  required  of  the  owners  of  armed  vessels  by  the  preceding 
section. 

20  April,  1818,  8. 11,  v.  3,  p.  450. 

Sec.  5291.  The  provisions  of  this  Title  shall  not  be  construed  to  ex-  th^s^TitT*'*^*^***' 
tend  to  any  subject  or  citizen  of  any  foreign  prince,  state,  colony,  dls-  ^  *  ®" 
trict,  or  people  who  is  transiently  within  the  United  S  ates,  and  enlists 
or  enters  himself  on  board  of  any  vessel  of  war,  letter  of  marque,  or  pri- 
vateer, which  at  the  time  of  its  arrival  within  the  United  States  was 
fitted  and  equipped  a§  such,  or  hires  or  retains  another  subject  or  citizen 
of  the  same  foreign  prince,  state,  colony,  district,  or  people,  who  is 
transiently  within  the  United  States,  to  enlist  or  enter  himself  to  serve 
«uch  foreign  jirince,  state^  colony,  district,  or  people,  on  board  such  ves- 
sel of  war,  letter  of  marque,  or  privateer,  if  the  United  States  shall 
then  be  at  peace  with  such  foreign  prince,  state,  colony,  district,  or 
people.  Nor  shall  they  be  construed  to  prevent  the  prosecution  or 
punishnient  of  treason,  or  of  any  piracy  defined  by  the  laws  of  the 
United  States. 

Idem,  88. 2, 13.  v.  3,  pp.  448, 450. 
27  Feb.,  1877,  v.  19,  p.  252. 

Notes. — An  officer  of  the  Navy  ha8  no  right,  without  express  direction  from 
bis  Government,  to  enter  the  territory  of  a  country  at  peace  with  the  United 
States  and  seize  pioperty  there  claimed  by  citizens  of  the  United  States.  Ap- 
plication for  redress  should  bo  made  to  thejudicial  tribunals  of  the  country. — 
Cadwalader's  State  Department  Digest,  p  219,  cites  2  Paine,  324. 

A  revolutionary  party  like  a  foreign  belligerent  party,  is  supreme  over  the 
country  itcon(juers,  as  far  and  as  long  as  its  arms  can  carry  and  maintain  it. — 
Op.  IX,  140,  Black,  May  15,  1858. 


1562  NEUTRALITY ALIEN    ENEMIES. 

By  the  law  of  nations  one  Government  cannot  enter  upon  the  territories  of 
another,  or  claim  any  riwht  whatever  therein,  for  if  this  he  done  hy  force  it  i» 
an  usurpation,  and  if  it  be  done  by  any  underhand  bargaining  with  individuals, 
who  have  not  the  explicit  consent  of  their  Government,  it  is  mean  and  unfair. — 
Op.  IX,  286,  Black,  March  14.  1859. 

One  nation  cannot  execute  the  penal  laws  of  another,  and  consequently  a  for- 
eign vessel  engaged  in  the  slave  trade  cannot  lawfully  be  captured  by  an  Ameri- 
can cruiser.  The  African  slave-trade  is  not  contraiy  to  the  law  of  nations. — 
Cadwalader's  State  Department  Digest,  p.  217,  cites  io  Wheaton,  66. 

The  United  States  cannot  purchase  a  grant  of  land  in,  or  concession  of  a  right 
of  way  over,  the  territories  of  another  nation  as  could  an  individual  or  private 
corporation,  since  by  the  law  of  nations  one  Government  cannot  enter  upouth» 
territory  of  another,  or  claim  any  right  whatever  therein. — Cadwalader's  Di- 
gest, p.  218,  cites  Op.  IX,  286. 

The  right  of  search  does  not  exist  in  time  of  peace.  A  cruiser  of  one  nation 
has  the  right  to  know  the  national  character  of  any  strange  ship  she  may  meet 
at  sea,  but  the  right  is  not  a  perfect  one.  The  right  of  inquiry  has  well  (\efined 
limitations:  1.  Inquiring  ship  must  put  up  his  own  colors,  or  in  some  way  maktv 
himself  fully  known,  b«fore  he  can  lawfully  demand  such  knowledge  from  the 
other  vessel.  2.  If  refused,  may  fire  blank  shot  or  cartridge.  3.  If  still  re- 
fused, a  shotted  gun  may  be  fin  d  acioss  bows  by  way  of  positive  aummons.  4. 
Any  further  measure  must  be  at  the  peril  of  the  inquiring  vessel.  If  stranger 
is  arrested,  injured,  or  captured,  and  proves  not  a  pirate,  but  has  a  lawful  i  ight 
to  navigate  the  seas,  the  injury  must  be  atoned  for.  The  right  of  a  public 
ship  to  hail  or  speak  a  stranger,  is  in  all  respects  analogous  thereto,  and  must 
be  exercised  within  the  same  limits.  .5.  The  answer  by  words  or  by  hoisting 
flag  must  be  taken  as  true.  Cannot  be  .stopped,  vi.sited,  or  searched.  6.  The 
right  of  iuquiry  can  be  exercised  only  on  the  high  seas.  No  naval  officer 
has  a  right  to  go  into  the  harbor  of  a  nation  with  which  his  Goverament  is  at 
peace,  t«  inquue  into  the  nationality  of  a  vessel  lying  there. — Op.  IX,  p.  4.56, 
Black,  July  28,  1860.    Case  of  the  "  Gfeneral  Miramou." 

Ships  of  war  enjoy  the  full  rights  of  exterritoriality  in  foreign  ports  and  terri- 
torial waters.  Merchant  ships  are  a  part  of  the  territory  of  their  couutrx ,  and 
and  are  so  treated  on  the  high  seas,  and  partially,  but  not  wholly  so,  while  in 
territorial  waters  of  a  foreign  country.  Crimes  committed  on  board  ship  on  the 
high  seas,  are  triable  in  the  country  to  which  she  belongs.  In  port  the  local 
authority  has  jurisdictionof  acts  coinmilted  on  board  of  a  foreign  mercliant  ship, 

Srovided  those  acts  aflect  the  peace  of  the  port,  but  not  otherwise ;  and  its  juris- 
iction  does  not  extend  to  acts  intei-nal  to  the  ship  or  transpiring  on  the  high 
seas.  The  authority  of  the  ship's  country,  in  these  cases,  is  not  taken  away  by 
the  fact  that  the  actors  are  foreigners  provided  they  be  of  the  crew  or  passenger* 
of  the  ship.  The  local  authority  has  right  to  euter  on  board  a  foreign  merchant- 
man in  port  for  the  purpose  of  inquiry  universally — but  for  the  purpose  of  arrest 
only  in  matters  within  its  ascertained  jurisdiction.— Op.  VIII,  73,  Gushing,  Sept. 
5,  1856. 

''Neutrals  may  lawfully  sell  at  home  to  a  belligerent  purchaser,  or  carry 
themselves  to  the  belligerent  powers  contraband  articles  subject  to  the  right  of 
seizure  in  transitu.  The  right  of  the  neutral  to  transport,  and  of  the  hostile 
power  to  seize,  are  contlicting  rights,  and  neither  party  can  charge  the  other 
with  criminal  act."  (1  Kent's  Com.,  p.  142.)  ''There*  is  nothing  in  our  laws, 
.  or  in  tlje  law  of  nations,  that  foi  bid  our  citizens  from  sending  armed  vessels  a* 
well  as  munitions  of  war  to  foieign  ports  for  sale.  It  is  a  commercial  venture^ 
which  no  nation  is  bound  to  prohibit,  and  which  only  exposes  the  persons  en- 
gaged in  it  to  the  penaltv  of  confiscation."  (7  Wheaton,  340.)  Citertin  Op.  XI, 
p.  408,  Dec.  23,  1865,  Speed. 

INTERNATIONAL   CONVENTION — AMELIORATION   OF   WOUNDED,  ETC. 

Convention  between  the  United  States,  Baden,  Switzerland,  Belgintn, 
Denmark,  Spain,  France,  Hesse,  Italy,  Netherlands,  Porttigal,  Prussia, 
Wiirtemberg,  Sweden,  Greece,  Great  Britain,  Mecklenberg-Schwerin^ 
Turkey,  Bavaria,  Austria,  Persia,  Salvador,  Montenegro,  Servia,  Bo- 
livia, Chili,  Argentine  Republic,  and  Peru;  with  additional  articles; 
for  the  amelioration  of  the  wounded  in  armies  in  the  field ;  concluded 
August  22,  1864;  acceded  by  the  President  March  1,1882;  accessioa 
concurred  in  by  the  Senate  March  16, 1882;  profclaimed  as  to  the  orig- 
inal convention,  but  with  reserve  as  to  the  additional  articles,  July  26^, 

'    1882. 

Hospitals  and  ARTICLE  I.  Ambulances  and  military  hospitals  shall  be  acknowledged 
iKk  or^womide?  *^  ^^  neuter,  and,  as  such,  shall  be  protected  and  respected  by  belli g- 
^(.^  '  erents  so  long  as  any  sick  or  wounded  may  be  therein. 

Exception.  Such  neutrality  shall  cease  if  the  ambulances  or  hospitals  should  be 

held  by  a  military  force. 
Employ 68,  &c.,      ART.  II.  Persons  eniployed  in  hospitals  and  ambulances,  comprising 
TOBpected  aa  neu-  the  staff  for  superintendence,  medical  service,  administration,  transport 
"*^*  of  wounded,  as  well  as  chaplains,  shall  participate  in  the  benefit  of  neu- 

trality, whilst  so  employed,  and  so  long  as  there  remain  any  wounded 
to  bring  in  or  to  succor. 
Employes,  &c.,      ART.  III.  The  persons  designated  in  the  preceding  article  may,  even 
protected  by  oc- after  occupation  by  the  enemy,  continue  to  fulfil  their  duties  in  th© 
copying  forces,     hospital  or  ambulance  which  they  serve,  or  may  withdraw  in  order  to 
rejoin  the  corps  to  which  they  belong. 


NEUTRALITY ALIEN   ENEMIES.  263 

Under  such  circnmstaiices,  when  these  persons  shall  cease  from  their 
functions,  they  shall  be  delivered  by  the  occupying  army  to  the  out- 
posts of  the  enemy. 

Art.  IV.  As  the  equipment  of  military  hospitals  remains  subject  to  Employ  6 a  in 
the  laws  of  war,  persons  attached  to  such  hospitals  cannot,  in  with- hospitals  to  take 
drawing,  carry  away  any  articles  but  such  as  are  their  private  prop-  p^o^ertyronly.  * 
erty. 

Under  the  same  circumstances,  an  ambulance  shall,  on  the  contrary, 
retain  its  equipment. 

Art.  V.  Inhabitants   of  the  country  who  may  bring  help  to  the     Persons    se^ 
wounded  Shall  be  respected,  and.  shall  remain  free.     The  generals  o^  j"^ -emaiT free^ 
the  belligerent  Powers  shall  make  it  their  care  to  inform  the  inhabit- 
ants of  the  appeal  addressed  to  their  humanity,  and  of  the  neutrality 
which  will  be  the  consequence  of  it. 

Any  wounded  man  entertained  and  taken  care  of  in  a  house  shall  be     Houses  where 
considered  as  a  protection  th(  reto.     Any  inhabitant  who  shall  have  ^^reTfor  to  ^be 
entertained  wounded  men  in  his  house  shall  be  exempted  from  the  protected, 
quartering  of  troops,  as  well  as  from  a  part  of  the  contributions  of  war     Exemptions  for 
which  may  be  imposed.  care  of  wounded. 

Art.  VI.  Wounded  or  iiick  soldiers  shall  be  entertained  and  taken  Soldiers  sick  or 
care  of,  to  whatever  nation  they  may  belong.  wounded  to  be 

Commanders-in-chief  shall  have  the  power  to  deliver  immediately  to  ^^nded^&c.  ^^ 
the  outposts  of  the  enemy  soldiers  who  have  been  wounded  in  an  en-  ' 

gagement,  when  circumstances  permit  this  to  be  done,  and  with  the 
consent  of  both  parties. 

Those  who  are  recognized  after  their  wounds  are  healed,  as  incapable  Soldiers  inca- 
of  serving,  shall  be  sent  back  to  their  country.  Lr^icl  to  be  sent 

home. 

The  others  may  also  be  sent  back,  on  condition  of  not  again  bearing  Conditions  ot 
arms  during  the'continuance  of  the  war.  return. 

^Evacuations,  together  with  the  persons  under  whose  directions  they  Evacuations, 
take  place,  shall  be  protected  by  an  absolute  neutrality.  ^luteneutTality . 

Art.  VII.  A  distinctive  and  uniform  flag  shall  be  adopted  for  hospi-  i^^e^  and^evacu* 
ials,  ambulances,  and  evacuations.     It  must,  on  every  occasion,  be  ac-  at?on'fl^ag,  &c. 
companied  by  the  national  flag.     An  arm-badge  (brassard)  shall  also     Arm-badge.' 
be  allowed  for  individuals  neutralized,  but  the  delivery  thereof  shall  be 
left  to  military  authority. 
The  flag  and  the  arm-badge  shall  bear  a  red  cross  on  a  white  ground.  ^  ^lag  and  arm- 
**  **  badge  to  bear  red 

cross,  &c. 

Art.  VIII.  The  details  of  execution  of  the  present  convention  shall  ^eSls^'ofionven- 
be  regulated  by  the  commanders-in-chief  of  belligerent  armies,  accord-  ^ion. 
ing  to  the  instructions  of  their  respective  Governments,  and  in  conform- 
ity with  the  general  principles  laid  down  in  this  convention. 

Additional  Articles. 

Article  I.  The  persons  designated  in  Article  II  of  the  Convention     Rights  of  em 
ahall,  after  the  occupation  by  the  enemy,  continue  to  fultil  their  duties,  P^^^^^f'i  '^^'   ^  °. 
according  to  their  wants,  to  the  sick  and  wounded  in  the  ambulance  or  t^anc^s.  °^  *"^" 
the  hospital  which  they  serve.     When  they  request  to  withdraw,  the 
commander  of  the  occupying  troops  shall  fix  the  time  of  departure, 
which  he  shall  only  be  allowed  to  delay  for  a  short  time  in  case  of  mil- 
itary necessity. 

Art  II.  Arrangements  will  have  to  be  made  by  the  belligerent  pow-  Salary  of  nen- 
ers  to  insure  to  the  neutralized  person,  fallen  into  the  hands  of  the  army  !^^*1^'  &c-,  when 
of  the  enemy,  the  entire  enjoyment  of  his  salary.  menemy  s 

•    Art  III.  Under  the  conditions  provided  for  in  Articles  I  and  IV  of    Definition  of 
the  Convention,  the  name  "ambulance"  applies  to  field  hospitals  and  J^^  *^V™  "'*™h'** 
other  temporary  establishments,  which  follow  the  troops  on  the  field  of  ^°^®' 
battle  to  receive  the  sick  and  wounded. 

Art.  IV.  In  conformity  with  the  spirit  of  Article  V  of  the  Conven-    ^^^^^i^^„  If 
tion,  and  to  the  reservations  contained  in  the  protocol  of  1864,  it  is  ex-  troops,  and  con- 
plained  that  for  thQ  appointment  of  the  charges  relative  to  the  quar-  tributions,  «fec. 
tering  of  troops,  and  of  the  contributions  of  war,  account  only  shall  be 
taken  in  an  equitable  manner  of  the  charitable  zeal  displayed  by  the 
inhabitants. 


264  NEUTRALITY ALIEN    ENEMIES. 

Wouudedtobe  ART.  V.  In  addition  to  Article  VI  of  tlie  Convention,  it  is  stipulated 
returned  to  their  that,  with  the  reservation  of  officers  whose  detention  might  be  impor- 
tSJfoZno^  aTaIn  *^°*  *^  *^^  ^^*®  ®^  ^""®  ^"^  within  the  limits  fixed  by  the  second  para- 
bearing'^armf  in  S'^^P^  of  that  article,  the  wounded  fallen  into  the  hands  of  the  enemy 
the  war.  shall  be  sent  back  to  their  country,  after  they  are  cured,  or  sooner  if 

possible,  on  condition,  nevertheless,  of  not  again  bearing  arms  during 

the  continuance  of  the  war. 

I  Articles  concerning  the  Marine.'} 

Boats  picking     ART.  VI.  The  boats  which,  at  their  own  risk  and  peril,  during  and 
up  the  ship- after  an  engagement  pick  up  the  shipwrecked  or  wounded,  or  which 
wounded  ^«Su5  °  ^  having  picked  them  up,  convey  them  on  board  a  neutral  or  hospital 
ship,  shall  enjoy,  until  the  accomplishment  of  their  mission,  the  char- 
acter of  neutrality,  as  far  as  the  circumstances  of  the  engagement  and 
the  position  of  the  ships  engaged  will  permit. 

The  appreciation  of  these  circumstances  is  intrusted  to  the  humanity 
of  all  the  combatants.     The  wrecked  and  wounded  thus  picked  aud 
saved  must  not  serve  again  during  the  continuance  of  the  war. 
Religious,  med-     ART.  VII.  The  religious,  medical,  and  hospital  staft  of  any  captured 
ical,  and  hospital  vessel  are  declared  neutral,  and,  on  leaving  the  ship,  may  remove  the 
re 8 se f  d^^iared  ^^^icles  and  surgical  instruments  which  are  their  private  property, 
neutral. 

Duties  of  staff  ART.  VIII.  The  staff  designated  in  the  preceding  article  must  con- 
ofacers,  &e.  tinue  to  fulfill  their  functions  in  the  captured  ship,  assisting  in  the  re- 

moval of  the  wounded  made  by  the  victorious  party ;  they  will  then  be 
at  liberty  to  return  to  their  country,  in  conformity  with  the  second 
paragraph  of  the  first  additional  article. 
Pay  and  allow.     The  stipulations  of  the  second  additional  article  are  applicable  to  the 
•nee  of  staff.        pay  and  allowance  of  the  staff. 

Captured  hos-  ART.  IX.  The  military  hospital  ships  remain  under  martial  law  in  all 
pital  ships  to  re-  that  concerns  their  stores ;  they  become  the  property  of  the  captor,  but 
main  under  mar- the  latter  must  not  divert  them  from  their  special  appropriation  during 
:tial  law,  &c.         ^Yie  continuance  of  the  war. 

*lThe  vessels  not  equipped  for  fighting,  which,  during  peace,  the  govern- 
ment shall  have  officially  declared  to  be  intended  to  serve  as  floating  hospital 
ships,  shall,  however,  enjoy  during  the  war  complete  neutrality,  both  as  re- 
gards stores,  and  also  as  regards  their  staff,  provided  their  equipment  is  ex- 
clusively appropriated  to  the  special  service  on  which  they  are  employed.} 

Merchant  ves-     Art.  X.  Any  merchantman,   to  whatever  nation  she  may  belong, 
eels    performing  charged  exclusively  with  removal  of  sick  and  wounded,  is  protected 
hospital  duty  to  by  neutrality,  but  the  mere  fact,  noted  on  the  ship's  books,  of  the  ves- 
nentral'&c^     ^^sel  having  been  visited  by  an  enemy's  cruiser,  renders  the  sick  and 
wounded  incapable  of  serving  during  the  continuance  of  the  war.     The 
cruiser  shall  even  have  the  right  of  putting  on  board  an  officer  in  order 
to  accompany  the  convoy,  aud  thus  verify  the  good  faith  of  the  opera- 
tion. 
Cargo  of  nier-     If  the  merchant  ship  also  carries  a  cargo,  her  neutrality  will  still 
chant  ship    pro-  protect  it,  provided  that  such  cargo  is  not  of  a  nature  to  be  confiscated 
^rovisl;  ^  ^  ^  "^ '  by  the  belli gerents.      * 

'^^Rlght  of  bellig-     The  belligerents  retain  the  right  to  interdict  neutralized  vessels  from 
«rents.  all  communication,  aud  from  any  course  which  they  may  deem  prejudi- 

cial to  the  secrecy  of  their  operations.  In  urgent  cases  special  conven- 
tions may  be  entered  into  between  commanders-in-chief,  in  order  to 
neutralize  temporarily  and  in  a  special  manner  the  vessels  intended  for 
the  removal  of  the  sick  and  wounded. 
Wounded  or  ART.  XL  Wounded  or  sick  sailors  and  soldiers,  when  embarked,  to 
sick  sailors  and  whatever  nation  they  may  belong,  shall  be  protected  and  taken  care  of 

*"^b  ^'k'  d\^  ^ ^  ^^  ^^^^^  captors. 

*'lleturn  to^'na-      Their  return  to  their  own  country  is  subject  to  the  provisions  of  Ar* 

tive  country.        tide  VI  of  the  Convention,  and  of  the  additional  Article  V. 

*In  the  published  English  text,  from  which  this  version  of  the  Additional  Articles 
is  taken,  the  paragraph  thus  marked  in  brackets  appears  in  continuation  of  Article 
IX.  It  is  not,  however,  found  in  the  original  French  text  adopted  by  the  Geneva 
Conference,  October  20,  1868. 

By  an  instruction  sent  to  the  United  States  minister  at  Berne,  January  20.  1883, 
the  right  is  reserved  to  omit  this  paragraph  from  the  English  text,  and  to  make  any 
other  necessary  corrections,  if  at  any  time  hereafter  tlie  Additional  Articles  shall  be 
completed  by  the  exchange  of  the  ratifications  hereof  between  the  several  signatory 
and  adhering  powers. 


NEUTRALITY ALIEN    ENEMIES. 


265 


Art.  XII.  The  distinctive  flag  to  be  used  with  the  national  flag,  in     WTxiteflagirith 
order  to  indicate  any  vessel  or  boat  which  may  claim  the  benefits  of  ^J^^^  ^by*  ve^el* 
neutrality,  in  virtue  of  thfe  principles  of  this  Convention,  is  a  white  flag  claiming  neutral- 
with  a  red  cross.    The  belligerents  may  exercise  in  this  respect  anyity. 
mode  of  verification  which  they  may  deem  necessary. 

Military  hospital  ships  shall  be  distinguished  by  being  painted  white  Military  hos- 
outside.  with  green  strake.  ^^^  Pf^; "  *  ®  * 

Art.  XIII.  The  hospital  ships  which  are  equipped  at  the  expense  of    Hospital  shipa, 
the  aid  societies,  recognized  by  the  governments  signing  this  Conven-  &c.,  and  staff  to 
tion,  and  which  are  furnished  with  a  commission  emanating  from  the  ^^j^y®**®  ^  "®^* 
sovereign,  who  shall  have  given  express  authority  for  their  being  fitted 
out,  and  with  a  certificate  from  the  proper  naval  authority  that  they 
have  been  placed  under  his  control  during  their  fitting  out  and  on  their 
final  departure,  and  that  they  were  then  appropriated  solely  to  the 
purpose  of  their  mission,  shall  be  considered  neutral,  as  well  as  the 
whole  of  their  stafi".     They  shall  be  recognized  and  protected  by  the 
belligerents. 

They  shall  make  themselves  known  by  hoisting,  together  with  their     Flag  sign,  &o., 
national  flag,  the  white  flag  with  a  red  cross.     The  distinctive  mark  of  °*^  neutrality, 
their  stafi',  while  performing  their  duties,  shall  be  an  armlet  of  the  same 
colors.     The  outer  painting  of  these  hospital  ships  shall  be  white  with 
red  strake. 

These  ships  shall  bear  aid  and  assistance  to  the  wounded  and  wrecked  Aid  and  aasist- 
iielligerents,  without  distinction  of  nationality.     *  a»ce  to  ^oujided 

They  must  take  care  not  to  interfere  in  any  way  with  the  movements  ngerenfs  wi t h- 
of  the  combatants.  During  and  after  the  battle  they  must  do  their  out  distinction  of 
duty  at  their  own  risk  and  peril.  nationality. 

The  belligerents  shall  have  the  right  of  controlling  and  visiting  them '  Rights  of  bel- 
they  will  be  at  liberty  to  refuse  their  assistance,  to  order  them  to  de-  ligerents  to  con- 
part,  and  to  detain  them  if  the  exigencies  of  the  case  require  such  a  ggj s  &c  ^^^  ^^*" 
step.  ' 

The  wounded  and  wrecked  picked  up  by  these  ships  cannot  be  re-     Wounded  and 
<daimed  bv  either  of  the  combatants,  and  they  will  be  required  not  to  ^''eckea   picked 
1      •        .1  i-  f  .^  "^  ^  up.   &c..    cannot 

nerve  during  the  continuance  of  the  war.  be  reclaimed. 

Art.  XIV.  In  naval  wars  any  strong  presumption  that  either  belliger-     Right  of  bellig- 
^rit  takes  advantage  of  the  benefits  of  neutrality,  with  any  other  view  erents  to  suspend 
than  the  interest  of  the  sick  and  wounded,  gives  to  the  other  belliger- ^**"^®"*^*^°' *<*• 
^nt,  until  proof  to  the  contrary,  the  right  of  suspending  the  Convention, 
as  regards  such  belligerent. 

Should  this  presumption  become  a  certainty,  notice  may  be  given  to  Notice  of  sus- 
8uch  belligerent  that  the  Convention  is  suspended  with  regard  to  him  pension  of  C en- 
during the  whole  continuance  of  the  war.  be  gW^i.  "^°''  *** 


ALIEN  ENEMIES. 


Sec. 

4067.  Removal  of  alien  enemies. 

4068.  Time  for  removal. 

4069.  Jurisdiction  of  United  States  courts  over 

alien  enemies. 


Sec. 

4070.  Duties  of  marshals  in  removing  alien 
mies. 


Title  47. 


Sec.  4067.  Whenever  there  is  a  declared  war  between  the  United 
States  and  any  foreign  nation  or  government,  or  any  invasion  or  preda-  Removal  o  f 
tory  incursion  is  pepretrated,  attempted,  or  threatened  against  the  ter-  alien  enemies, 
ritory  of  the  United  States,  by  a  -y  foreign  nation  or  government,  and 
the  President  makes  public  proclamation  of  the  event,  all  natives, 
citizens,  denizens,  or  subjects  of  the  hostile  nation  or  government, 
being  males  of  the  age  of  fourteen  years  and  upward,  who  shall  be 
M'ithin  the  United  States,  and  not  actually  naturalized,  shall  be  liable 
to  be  apprehended,  restrained,  secured,  and  removed,  as  alien  enemies. 
The  President  is  authorized  in  any  such  event,  by  his  proclamation 
thereof,  or  other  public  act,  to  direct  the  conduct  to  be  observed,  on 
the  part  of  the  United  States,  toward  the  aliens  who  become  so  liable; 
the  manner  and  degree  of  the  restraint  to  which  they  shall  bo  subject, 
And  in  what  cases,  and  upon  what  security  their  residence  shall  be  per- 
mitted, and  to  provide  for  the  re-noval  of  those  who,  not  being  per- 
'Tnitted  to  reside  within  the  United  States,  refuse  or  neglect  to  depart 
therefrom  ;  and  to  establish  any  other  regulations  which  are  found 
necessary  in  the  premises  and  for  the  public  safety. 
6  July,  1798,  s.  1,  v.  1,  p.  577. 


266 


PATENTS  AND  PATENTED  ARTICLES. 


Time  for  re-      Sec.  4068.  When  an  alien  who  becomes  liable  as  an  enemy,  in  the 
moval.  manner  prescribed  in  the  j^receding  section,  is  not  cliargea'ble  with 

actnal  hostility,  or  other  crime  against  the  public  safety,  he  shall  be 
allowed,  for  the  recovery,  disposal,  and  removal  of  his  goods  and  eifects, 
and  for  his  departure,  the  full  time  which  is  or  shall  be  stipulated  by 
any  treaty  then  in  force  between  the  United  States  and  the  hostile 
nation  or  government  of  which  he  is  a  native  citizen,  denizen,  or  sub- 
ject; and  where  no  such  treaty  exists,  or  is  in  force,  the  President  may 
ascertain  and  declare  such  reasonable  time  as  may  be  consistent  with  the 
public  safety,  and  according  to  the  dictates  of  humanity  and  national 
hospitality. 

Ibid. 

6  July,  1812,  chap.  130,  v.  2,  p.  781. 

Jnrisdiction  of  Sec.  4069.  After  any  such  proclamation  has  been  made,  the  several 
United  States  courts  of  the  United  States,  having  criminal  jurisdiction,  and  the  several 
enemfesr^*^  ^"®"  justices  and  judges  of  the  courts  of  the  United  States,  are  authorized, 
and  it  shall  be  their  duty,  upon  complaiut  against  any  alien  enemy  resi- 
dent and  at  large  within  such  jurisdiction  or  district,  to  the  danger  of 
the  public  peace  or  safety,  and  contrary  to  the  tenor  or  intent  of  such 
proclamation,  or  other  regulations  which  the  President  may  have  estab- 
lished, to  cause  such  alien  to  be  duly  apprehended  and  conveyed  before 
such  court,  judge,  or  justice;  and  after  a  full  examination  and  hearing- 
on  such  complaint,  and  sufficient  cause  appearing,  to  order  such  alien 
to  be  removed  out  of  the  territory  of  the  United  States,  or  to  give 
sureties  for  his  good  behavior,  or  to  be  otherwise  restrained,  confor- 
mably to  the  proclamation  or  regulations  established  as  aforesaid,  and 
to  incprison,  or  otherwise  secure  such  alien,  until  the  order  which  may 
be  so  made  shall  be  performed.  _ 

6  July,  1798,  s.  2,  v.  1,  p.  577. 

Duties  of  mar-  Sec.  4070.  When  an  alien  enemy  is  required  by  the  President,  or  by 
shal  in  removing  Qpjjgp  ^jf  j^^y  court,  judge,  or  justice,  to  depart  and  to  be  removed,  ife 
shall  be  the  duty  of  the  marshal  of  the  district  in  which  he  shall  be 
apprehended  to  provide  therefor,  and  to  execute  such  order  in  person, 
or  by  his  deputy,  or  other  discreet  person  to  be  employed  by  him,  by 
causing  a  removal  of  such  alien  out  of  the  territory  of  the  United  States ; 
and  for  such  removal  the  marshal  shall  have  the  warrant  of  the  Presi- 
dent, or  of  the  court,  judge,  or  justice  ordering  the  same,  as  the  case 
may  be. 

Ibid.,  8.  3,  p.  578. 


alien  enemies. 


PATENTS  AND   PATENTED  ARTICLES. 


Sec. 

1537.  Patent  articles  for  marine  engines. 

488((.  Inventions  patentable. 


Sec. 

4887.  Patents  for  inventions  previously  patented 

abroad. 
Patents  without  fees  in  certain  cases. 


Title  60,  Chap.  1. 

Inventions  pat- 
entable. 


Title  15,  Chap.  6.  Sec,  1537.  No  patented  article  connected  with  marine  engines  shall 
Patented  arti-  ^i^reafter  be  purchased  or  used  in  connection  with  any  steam-vessels  of 
cles  connected  """^r  until  the  same  shall  have  been  submitted  to  a  competent  board  of 
■with  maiine  en-  naval  engineers,  and  recommended  by  such  board,  in  writing,  for  pur- 
giJies.  chase  and  use. 

18  July,  1861,  s.  3,  v.  12,  p.  268. 

Sec.  4886.  Any  person  who  has  invented  or  discovered  any  new  and 
useful  art,  machine,  manufacture  or  composition  of  matter,  or  any 
new  and  useful  improvement  thereof,  not  known  or  used  by  others  in 
this  country,  and  not  patented  or  described  in  any  printed  publication 
in  this  or  any  foreign  country,  before  his  invention  or  discovery  thereof, 
and  not  in  public  use  or  on  sale  for  more  than  two  years  prior  to  his 
application,  unless  the  same  is  proved  to  have  been  abandoned,  may, 
upon  payment  of  the  fees  required  by  law,  and  other  due  proceeding* 
had,  obtain  a  patent  therefor. 

8  July,  1870,  s.  24,  v.  16,  p.  201. 

Sec.  4-^87.  No  person  shall  be  debarred  from  receiving  a  patent  for 

ventions  P^evi-  Jjjq  invention  or  discovery,  nor  shall  aay  patent  be  declared  invalid,  by 

abTOa"d.  ^*   °  ®   reason  of  its  having  been  first  patented  or  caused  to  be  patented  in  a 

foreign  country,  unless  the  same  has  been  introduced  into  public  use 


Patents  for  in- 


PENSIONS. 


267 


3  Mar., 


in  the  United  States  for  more  than  two  years  prior  to  the  application. 
IJnt  every  patent  granted  for  an  invention  which  has  been  previously 
patentt'd*^  in  a  foreign  conutry  shall  be  so  limited  'as  to  expire  at  the 
same  time  with  the  foreign  patent,  or,  if  there  be  more  than  one,  at  the 
Bame  time  with  the  one  having  the  shortest  term,  and  in  no  case  shall 
it  be  in  force  more  than  seventeen  years. 
8  July,  1870,  8.  25,  v.  16,  p.  201. 

The  Secretary  of  the  Interior  and  the  Commissioner  of  Patents  are 

anthorized  to  grant  any  officer  of  the  government,  except  officers  and     patents    with 
em])loyees  of  the  Patent  Ottice,  a  patent  for  any  invention  of  the  classes  ont  fees  in  cer^ 
mentioned  in  section  forty-eiglit  hundred  and  eighty  six  of  the  Revised  tain 
Statutes,  when  snch  invention  is  used  or  to  be  used  in  the  public  serv- 
ice, witliout  the  payment  of  any  fee:  Provided,  That  the  applicant  in 
his  application  shall  state  that  the  invention  described  therein,  if  pat- 
ented, may  be  used  by  the  government  or  any  of  its  officers  or  em- 
ployees in  the  prosecution  of  work  for  the  government,  or  by  any  other 
person  in  the  United  States,  Avithojit  the  payment  to  him  of  any  royalty 
thereon,  which  stipulation  shall  be  included  in  the  patent. 
.     3  March,  1883,  v.  22,  p.  625. 

Notes. — Where  proposals  are  invited  for  an  article,  and  one  of  the  bidders 
claims  that  he  has  a  ])atent  on  it,  the  contract  siiould  not  be  awarded  to  any 
othiT  imlesa  satisfactory  evidence  is  furnished  that  the  other  (not  the  patentee) 
has  autliority  from  the  patentee  to  manufacture  and  sell  it.— Op.  XV,  26,  July 
23,  1875    Piefrepont. 

An  official  in  the  military  service  not  specially  employed  to  make  experiments 
may  devise  new  and  useful  improvements  in  arms,  tents,  and  war  material,  and 
will  be  entitled  to  the  benefits  of  his  inventions  and  to  letters  patent  therefor 
equally  with  any  other  citizen.— C.  ('.,  VII,  219  ;  Wallace  12,  p.  236. 

Where  a  contract  between  a  patentee  and  the  Government  for  the  use  of  an 
invention  provides  that  it  may  be  determined  by  notice  from  the  patentee,  the 
Government  con  determine  it  only  by  discontinuing  its  use. — C.  C.,IV,  p.  113. 
Affirmed  by  Supreme  Court.  See  Holt's  Digest,  p.  88  and  p.  112,  for  discussion 
of  the  rijjhts  of  Government  employes  to  compensation  for  the  use  of  their  in- 
ventions by  the  Government.  ♦ 


PENSIONS. 


f>eo. 
46''2. 


4695. 
4696. 
4698i. 


4702. 


Who  may  have  pensions. 

Classes  enumerated. 

Pensions  for  wounds  received  or  diseases 
contracted  only  in  line  of  duty,  &c. 

Rates  of  pension  for  total  disability. 

I'ension  accordinir  to  rank. 

Increase  of  pensions. 

Pension  for  disability  not  otherwise  pro- 
vided for. 

Pensions  to  widows,  or  to  children  under 
sixteen  vears,  &c. 


Sec. 

4703.  Increased  pension  to  widows,  &o. 

4712.  Provisions  of  pension  laws  extended. 

4713.  Commencement  of  pensions  for  prior  wars. 
4724.  Both  pension  and  nay  not  allowed,  unless, 

&c. 

4728.  Navy  pensions. 

4729.  Naval  pensions  to  widows  and  children. 

4756.  ?  Service  pensions. 

4757.  5  Sea-pension  funds. 


Sec.  4692.  Every  person  specified  in  the  several  classes  enumerated  in        Title  57. 
the  following  section,  who  has  been,  since  the  fourth  day  of  March,     ^vVho may  hav»- 
eightetm  hundred  and  sixty-one,  or  who  is  hereafter  disabled  under  the  pensions, 
conditions  therein  stated,  shall,  upon  making  due  proof  of  the  fact, 
according  to  such  forms  and  regulations  as  are  or  may  be  provided  in 
pursuance  of  law,  be  placed  on  the  list  of  invalid  pensioners  of  the 
United  States,  and  be  entitled'  to  receive,  for  a  total  disability,  or  a 
permanent  specific  disability,  such  pension  as  is  hereinafter  provided  in 
such  cases;  and  for  an  inferior  disability,  except  in  cases  of  permanent 
specific  disability,  for  which  the  rate  of  penson  is  expressly  provided, 
an  amount  proportionate  to  that  provided  for  total  disability ;  and  sucn 
pension  shall  commence  as  hereinafter  provided,  and  continue  during 
ths  existence  of  the  disability. 

3  March,  1873,  s.  1,  v.  17,  p.  566. 

6  June.  1874,  v.  18,  p.  61. 

3  March.  1877,  v.  19,  p.  403. 

Sec.  4693.  The  persons  entitled  as  beneficiaries  under  the  preceding     Classes   enu- 
eectiou  are  as  follows:  merated. 

First.  Any  officer  of  the  Army,  including  regulars,  volunteers,  and     Officers  of  Ar- 
militia,  or  any  officer  in  the  Navy  or  Marine  Corps,  or  any  enlisted  man,  ™y.  ^!*.^    Navy,, 
however  employed,  in  the  military  or  naval  service  of  the  United  States,  ^    °  ^      men^ 
or  in  its  Marine  Corps,  whether  regularly  mustered  or  not,  disabled  by 
reason  of  any  wound  or  injury  received,  or  disease  contracted,  while  in 
the  service  of  the  United  States  and  in  the  line  of  duty. 


568  ^        PENSIONS. 

Master,  &c.,      Second.  Any  master  serving  ©u  a  gun-boat,  or  any  pilot,  engineer 
hwA^&c^^  ^^"^^^^^®^'  ®^  otlier  person  not  regularly  mustered,  serving  upon  any  gun- 
'      '  boat  or  war-vessel  of  tlie  United  States,  disabled  by  any  wound  or  in- 

jury received,  or  otherwise  incapacitated  while  in  the  ifne  of  duty,  for 
procuring  his  subsistence  by  manual  labor. 
•BMeted  *&c*''^°*     Third.  Any  person  not  an  enlisted  soldier  in  the  Army,  serving  for  the 
'      ■         time  being  as  a  member  of  the  militia  of  any  State,  under  orders  of  an 
officer  of  the  United  States,  or  who  volunteered  for  the  time  bein;^  to 
serve  with  any  regularly  organized  miUtary  or  naval  force  of  the  United 
States,  or  who  otherwise  volunteered  and  rendered  service  in  any  en- 
gagement with  rebels  or  Indians,  disabled  in  consequence  of  wounds  or 
injury  received  in  the  line  of  duty  in  such  temi)orary  service.     But  no 
claim  of  a  State  militiaman,  or  non-enlisted  person,  on  account  of  disa- 
bility from  wonnds,  or  injury  received  in  battle  with  rebels  or  Indians, 
while  temporarily  rendering  service,  shall  be  valid  unless  prosecuted  to 
a  successful  issue  prior  to  the  fourth  day  of  July,  eighteen  hundred  and 
seventy-four. 
Acting  assist-     Fourth.  Any  acting  assistant  or  contract  surgeon  disabled  by  any 
^■t  surgeon,  &c.  wound  or  injury  received  or  disease  contracted  in  the  line  of  duty  while 
actually  performing  the  duties  of  assistant  surgeon  or  acting  assistant 
surgeon  with  any  military  force  in  the  field,  or  in  transitu,  or  in  hospital. 
Provost- m  a  r  -     Fifth.  Any  provost-marshal,  deputy  provost-marshal,  or  enroUing- 
«kal.  &c.  officer  disabled,  by  reason  of  any  wound  or  injury,  received  in  the  dis- 

charge of  his  duty,  to  procure  a  subsistence  by  manual  labor. 

3  March,  1873,  s.  1,  v.  17,  p.  566. 
3  March,  1877,  v.  19,  p.  403. 

Pensions    for     Sec.  4694.  No  person  shall  be  entitled  to  a  pension  by  reason  of 
♦r'^seases^c^^^  wounds  or  injury  received  or  disease  contracted  in  the  service  of  the 
iracted   only  ^fn  United  States  subsequent  to  the  twenty-seventh  day  of  July,  eighteen 
fine  of  duty,  &c.  hundred  and  sixty-eight,  unless  the  person  who  was  wounded,  or  injured, 
or  contracted  the  disease  was  in  the  line  of  duty ;  and,  if  in  the  military 
service,  was  at  the  time  actually  in  the  Held,  or  on  the  march,  or  at 
some  post,  fort,  or  garrison,  or  en  route,  by  direction  of  competent 
authority,  to  some  post,  fort,  or  garrison ;  or,  if  in  the  naval  service , 
was  at  the  time  borne  on  the  books  of  some  ship  or  other  vessel  of  the 
United  States,  at  sea  or  in  harbor,  actually  in  commission,  or  was 
at  some  naval  station,  or  on  his  way,  by  direction  of  competent  au- 
thority, to  the  United  States,  or  to  some  other  vessel  or  naval  station, 
or  hospital.     [See  $$  4756,4757,  Pension  Funds,  as  to  Service  Pen- 
sions.] 

3  March,  1873,  s.  1,  v.  17,  p.  567. 
Bates  of  pen-     Sec.  4695.  The  pension  for  total  disability  shall  be  as  follows,  namely: 

^ilitv'*°**^'^^^^®^^^*^^^**^^^^*'^"^®°®^  ^^^  ^^^  officers  of  higher  rank  in  the  military 
^*  service  and  in  the  Marine  Corps,  and  for  captain,  and  all  officers  of 

higher  rank,  commander,  surgeon,  paymaster,  and  chief  engineer,  re- 
spectively ranking  with  commander  by  law,  lieutenant  commanding 
and  master  commanding,  in  the  naval  service,  thirty  dollars  per  month ; 
for  major  in  the  military  service  and  in  the  Marine  Corps,  and  lieuten- 
ant, surgeon,  paymaster,  and  chief  engineer,  respectively  ranking  with 
lieutenant  by  law,  and  passed  assistant  surgeon  in  the  naval  service, 
twenty-five  dollars  per  mouth  ;  for  captain  in  the  military  service  and 
in  the  Marine  Corps,  chaplain  in  the  Army,  and  provost-marshal,  pro- 
fessor of  mathematics,  master,  assistant  surgeon,  assistant  paymaster, 
and  chaplain  in  the  naval  service,  twenty  dollars  per  month  ;  for  first 
lieutenant  in  the  military  service  and  in  the  Marine  Corps,  acting 
assistant  or  contract  surgeon,  and  deputy  provost-marshal,  seventeen 
dollars  per  month;  for  second  lieutenant  in  the  military  service  and  in 
the  Marine  Corps  *  *  *  ensign,  and  pilot  in  the  naval  service,  and  en- 
rolling officer,  fifteen  dollars  per  month;  for  cadet  midshipman,  passed 
midshipman,  midshipmen,  clerks  of  admirals  and  paymasters  and  of 
other  officers  commanding  vessels,  *  **  master's  mate,  and  all  warrant 
officers  in  the  naval  service,  ten  dollars  per  month  ;  and  for  all  other 
persons  whose  rank  or  office  is  not  mentioned  in  this  section,  eight 
dollars  per  month;  and  the  masters,  pilots,  engineers,  sailors,  and 
crews  upon  the  gun-boats  and  war-vessels  shall  be  entitled  to  receive 
the  pension  allowed  herein  to  those  of  like  rank  in  the  naval  service. 
fSee  H699.] 

3  March,  1873,  s.  2,  v.  17,  p.  567. 


PENSIONS.  269> 

The  pension  for  total  disability  of  passed  assistant  engineers,  assist-     March  3, 1877. 

ant  engineers,  and  cadet  engineers  in  the  naval  service,  respectively, ; — 

shall  be  the  same  as  the  pensions  allowed  to  officers  of  the  line  in  the  to  pMsSyaSSsf 
naval  service  with  whom  they  have  relative  rank.  ant  and  cadet  6«- 

3  March,  1877,  v.  19,  p.  403.  gineers. 

Sec.  4696.  Every  commissioned  officer  of  the  Army,  Navy,  or  Marine        Title  61. 
Corps  shall  receive  such  and  only  such  pension  as  is  provided  in  the    pension  aooonl. 
preceding  section,  for  the  rank  he  held  at  the  time  he  received  the  jng  to  rank, 
injury  or  contracted  the  disease  which  resulted  in   the  disability,  on 
account  of  Avhich  he  may  be  entitled  to  a  pension;  and  any  commission 
or  presidential  appointment,  regularly  issned  to  such  person,  shall  be 
taken  to  determine  his  rank  from  and  after  the  date,  as  given  in  the 
body  of  the  commission  or  appoiiltment  conferring  said  rank  :  Provided, 
That  a  vacancy  existed  in  the  rank  thereby  conferred  ;  that  the  person 
commissioned  was  not  disabled  for  military  duty;  and  that  he  did  not 
willfully  neglect  or  refuse  to  be  mustered. 
3  March,  1873,  s.  2,  v.  17,  p.  567. 

Note.— The  rank  of  soldiers  at  time  of  disability  governs  rate  of  pension. 
Eank  under  a  commission  dated  after  the  contraction  of  disability  does  not  fix 
rate  not  conftnred  by  a  commission  unless  a  vacancy  existed  in  sucli  rank. 
Pension  of  widow  to  be  rated  according  to  rank  of  husband  at  the  time  he  re- 
ceived the  injnrywhich  resulted  in  the  fatal  disease. — Pension  Office  Digest. 

Sec.  469H^.  Except  in  cases  of  permanent  specific  disabilities,  no  in-     Increase  of 
crease  of  pension  shall  be  allowed  to  commence  prior  to  the  date  of  the  pe^isions. 
examining  surgeon's  certificate  establishing  the  same  made  under  the 
pending  claim  for  increase ;  and  in  this,  as  well  as  all  other  cases,  the 
certificate  of  an  examining  surgeon,  or  of  a  board  of  examining  sur- 
geons, shall  be  subject  to  the  approval  of  the  Commissioner  of  Pensions. 

3  March,  1873.  s.  4.  -v.  17,  p.  569. 
18  June,  1874,  ch.  298,  v.  18,  p.  78. 

Sec.  4699.  The  rate  of  eighteen  dollars  per  month  maybe  P^opor- ^.^®JJ?J>^®  ^JJ 
tionally  divided  for  any  degree  of  disability  established  for  which  sec- otherwise  p  ra- 
tion forty-six  hundred  and  ninty-five  makes  no  provision.  vided  for. 
3  March,  1873,  8.  5,  v.  17,  p.  560. 

Sec.  4702.  If  any  person  embraced  within  the  provisions  of  sections    Pensios    t» 
forty-six  hundred  and  ninety-two  and  forty-six  hundred  and  ninety-  ^g^^^nJ^  °^I 
three  has  died  since  the  fourth  day  of  March,  eighteen  hundred  and  teen  years,  &o. 
sixty-one,  or  hereafter  dies  by  reason  of  any  wound,  injury,  or  disease, 
Avhich,  under  the  conditions  and  limitations  of  such  sections,  would 
have  entitled  him  to  an  invalid  pension  had  he  been  disabled,  his 
widow,  or  if  there  be  no  widow,  or  in  case  of  her  death,  without  pay- 
ment to  her  of  any  part  of  the  pension  hereinafter  mentioned,  his  child 
or  children,  under  sixteen  years  of  age,  shall  be  entitled  to  receive  the 
same  pension  as  the  husband  or  father  would  have  been  entitled  to  had 
he  been  totally  disabled,  to  commence  from  the  death  of  the  husband 
or  father,  to  continue  to  the  widow  during  her  widowhood,  and  to  his 
child  or  children  until  they  severally  attain  the  age  of  sixteen  years, 
and  no  longer ;  and,  if  the  widow  remarry,  the  child  or  children  shall 
be  entitled  from  the  date  of  remarriage. 
Ibid.,  8.  8. 

Sec.  4703.  The  pensions  of  widows  shall  be  increased  from  and  after  Increased  pem- 
the  twenty-fifth  day  of  July,  eighteen  hundred  and  sixty-six  at  the  rate  ^^^  ^  widowa^ 
of  two  dollars  per  month  for  each  child  under  the  age  of  sixteen  years,  '  ^ 
of  the  husband  on  account  of  whose  death  the  claim  has  been,  or  shall 
be,  granted.  And  in  every  case  in  which  the  deceased  husband  has  left, 
or  shall  leave,  no  widow,  or  where  his  widow  has  died  or  married  again, 
or  where  she  has  been  deprived  of  her  pension  under  the  provisions  of 
the  pension  law,  the  pension  granted  to  such  child  or  children  shall  be 
increased  to  the  same  amount  per  month  that  would  be  allowed  under 
the  foregoiuij  provisions  to  the  widow,  if  living  and  entitled  to  a  pen- 
sion :  Provided,  That  the  additional  pension  herein  granted  to  the  widow 
on  account  of  the  child  or  children  of  the  husband  by  a  former  wife 
shall  be  paid  to  her  only  for  such  period  of  her  widowhood  as  she  has 
been,  or  shall  be,  charged  with  the  maintenance  of  such  child  or  chil- 
dren ;  for  any  period  during  vvhich  she  has  not  been,  or  she  shall  not 
be,  so  charged,  it  shall  be  granted  and  paid  to  the  guardian  of  such 
child  or  children  :  Provided  further,  That  a  widow  or  guardian  to  whom 


270  PENSIONS. 

increase  of  pension  has  been,  or  shall  hereafter  he,  granted  on  account 
of  minor  children,  shall  not  be  deprived  thereof  by  reason  of  their  being 
maintained  in  whole  or  in  yjart  at  the  expense  of  a  State  or  the  public 
in  any  educational  institution,  or  in  any  institution  organized  for  the 
care  of  soldier's  orphans. 
Ibid.,  s.  9. 
Provisions  of     ggc,  4712.  The  provisions  of  this  Title  in  respect  to  the  rates  of  pen- 
fended"  &c!^  ^^  ^^^^  *^  persons  whose  right  accrm^d  since  the  fourth  day  of  Maich,  eight.- 
'      *  een  hundred  and  sixty-one,  are  extended  to  pensioners  whose  right  to 

pension  accrued  under  general  acts  passed  since  the  war  of  the  Revolu- 
tion and  prior  to  the  fourth  day  of  March,  eighteen  hundn  d  and  sixty- 
one,  to  take  efiect  from  and  after  the  tweuty-lifth  day  of  July,  eighteen 
hundred  and  sixty-six;  and  the  widows  of  revolutionary  soldiers  and 
sailors  receiving  a  less  sum  shall  be  paid  at  the  1  ate  of  eight  dollars  per 
month  from  and  after  the  twenty-seventh  day  of  July,  eighteen  hundred 
and  sixty-eight. 

3  March,  1873,  s.  18,  v.  17,  p.  569. 

Commencement      Sec.  471:^.  In  all  cases  in  which  the  cause  of  disability  or  death  origi- 

priorwSs"^    °^nated  in  the  service  prior  to  (he  fourth  day  of  March,  eighteen  hundred 

and  sixty-one,  and  an  application  for  x)ension  shall  not  have  been  tiled 

within  three  years  from  the  discharge  or  death  of  the  person  on  whoso 

account  the  claim  is  made,  or  within  three  years  of  the  termination  of  a 

pension  previously  granted  on  accDunt  of  the  servic*":  and  death  of  the 

same  person,  the  pension  shall  commence  from  the  date  of  tiling  by  the 

party  prosecuting  the  claim  the  last  paper  requisite  to  establi.sh  the 

same.     But  no  claim  allowed  prior  to  the  sixth  day  of  June,  eighteen 

hundred  and  sixty-six,  shall  be  aflected  by  anything  herein  contained. 

Jdem.,  8. 19,  p.  573. 

Both  pension      Sec.  4724.  No  person  in  the  Army,  Navy,  or  Marine  Corps  shall  draw 

fowe^Bmless  «^  both  a  pension  as  an  invalid,  and  the  pay  of  his  rank  or  station  in  the 

'  '     '  service,  unless  the  disability  for  which  the  pension  was  granted  be  «uch 

as  to  occasion  his  employment  in  a  lower  grade,  or  in  the  civil  branch 

of  the  service. 

30  A^pril,  1844,  V.  5,  p.  657. 

16  Aug,  1841,  s  2,  V.  5,  p.  440. 
Note.— The  object  of  the  proviso  iu  the  act  of  1844  (Sec.  4724  R.  S.)  was  to 
prohibit  the  payment  to  any  one  serving  iu  the  Army.  Navy,  or  Marine  Corpa 
of  both  pay  and  pension,  except  when-,  the  di.sability  for  which  the  i)en8ion  is 
allowed  is  such  as  to  liave  occasioned  his  eniploymi-ut  in  a  h>wer  grade  or  some 
civil  branch  of  the  service.— Op.  XIV,  p.  94,  Aug.  8,  1872,  Williams.  See  also, 
IV,  p.  587,  V,  p.  51,  VI,  718. 

Navy  pensions.  Sec.  4728.  If  any  officer,  warrant  or  petty  officer,  seaman,  engineer, 
first,  second,  or  third  assistant  engineer,  fireman  or  coal  heaver  of  the 
Navy  or  any  marine  has  been  disabled  prior  to  the  fourth  day  of  March 
eighteen  hundred  and  sixty-one  by  reason  of  any  iitjiiry  received  or  dis- 
ease contracted  in  the  service  and  line  of  duty,  he  shall  be  entitled  to 
^  receive  during  the  continuance  of  his  disability  a  pension  proportionate 

to  the  degree  of  his  disability  not  exceeding  half  the  monthly  pay  of 
his  rank  as  it  existed  in  January  eighteen  hundred  and  thirty-five.  But 
the  pension  of  a  chief-engineer  shall  be  the  same  as  that  of  a  lieutenant 
of  the  Navy;  the  pension  of  a  first  assistant  engineer  the  same  as  that 
of  a  lieutenant  of  marines;  the  pension  of  a  second  or  third  assisrant 
engineer  the  same  as  that  of  a  forward  officer;  tbe  pension  of  a  fireman 
or  coal-heaver  the  same  as  that  of  a  seaman;  but  an  engineer,  fireman 
0  or  coal-heaver  shall  not  be  entitled  to  any  pension  by  reason  of  a  disa- 
bility iucuried  prior  to  the  thirty-first  day  of  August  eighteen  hundred 
and  forty-two. 

11  Aug.,  1848,  88.  2,  3,  V.  9,  p.  283. 

Naval  pensions  Sec.  4729.  If  any  person  referred  to  in  the  preceding  section  has  died 
"to  J^iJowB  and  in  the  service,  of  injury  received  or  disease  contracted  under  the  condi- 
cnildren.  tions  therein  stated,  his  widow  shall  be  entitled  to  receive  half  the 

monthlj^  pay  to  which  the  deceased  was  entitled  at  the  date  of  his 
death;  and  in  case  of  her  death  or  marriage,  the  child  or  children  under 
sixteen  years  of  age  shall  be  entitled  to  the  pension.  But  the  rate  of 
pei^siou  herein  allowed  shall  be  governed  by  the  pay  of  the  Navy  as  it 
existed  in  January,  eighteen  hundred  and  thirty-five;  and  the  pen.sion 
of  the  widow  of  a  chief  engineer  shall  be  the  same  as  that  of  a  widow 
of  a  lieutenant  in  the  Navy ;  the  pension  of  the  widow  of  a  first  assist- 


PENSIONS. 


271 


aiit  engineer  shall  be  the  same  as  that  of  the  widow  of  a  lieutenant  of 
marines;  the  pension  of  the  widow  of  a  second  or  third  assistant  engi- 
neer the  same  as  that  of  the  widow  of  a  forward  officer;  the  pension 
of  the  widow  of  a  fireman  or  coal-heaver  shall  be  the  same  as  that  of 
the  widow  of  a  seamai).  But  the  rate  of  pension  prescribed  by  this  and 
the  preceding  section  shall  be  varied  from  and  after  the  twenty-fifth 
day  of  July,  eighteen  hundred  and  sixty-six,  in  accordance  with  the 
provisions  of  section  four  thousand  seven  hundred  and  twelve  of  this 
Title;  and  the  widow  of  an  engineer,  fireman,  or  coal-heaver  shall  not 
be  entitled  to  any  pension  by  reason  of  the  death  of  her  husband  if  his 
death  was  prior  to  the  thirty-first  day  of  August,  eighteen  hundred  and 
forty-two.  [See  March  3,  1877,  following.] 
11  Aug.,  1848,  88. 1,  2,  3,  V.  9.  p.  283. 

Note. — From  and  after  tlie  passap:e  of  this  act,  the  pension  for  total  disability 
of  passed  assistant  engineers,  assistant  en^^ineers,  and  cadet  engineers  in  the 
naval  service,  respectively,  shall  be  the  same  as  the  pensions  allowed  to  officers 
of  the  line  in  the  naval  service  with  whom  they  have  relative  rank. — 3  March, 
1877,  V.  19,  p.  403. 

RATES  FIXED   BY   LAW   FOR  TOTAL  DISABILITY. 

Navy  and  Marine  Corps. 

Month. 

Captain  and  all  officers  of  higher  rank;  commander;  lieutenant 
commanding  and  master  commanding;  surgeon,  paymaster  and 
chief  engineer  ranking  with  commander  by  law;  lieutenant  col- 
onel and  all  of  higher  rank  in  the  Marine  Corps $30 

Lieutenant,  passed  assistant  surgeon,  surgeon,  paymaster,  and  chief 
engineer  ranking  with  lieutenant  by  law,  and  major  in  Marine 
Corps 25 

Muster,  professor  of  mathematics,  assistant  surgeon,  paymaster  and 
chaplain,  and  captain  in  the  Marine  Corps 20 

Fi  1  st  lieutenant  in  the  Marine  Corps 17 

First  assistant  engineer,  ensign  and  pilot,  and  second  lieutenant  in 
the  Marine  Corps 15 

Cadet  midshipman,  passed  midshipman,  midshipman,  clerks  of  ad- 
mirals, paymasters,  and  of  officers  commanding  vessels,  second 
iiud  third  sasistant  engineervS,  masters,  mates  and  warrant  officers.     10 

All  enlisted  men  except  warrant  officers 8 

Pension  Office  Digest  of  Laws,  1881,  p.  231. 


Kates  and  disabilities  specified 
by  law. 

i 
3 

1 

1 

1 

1 

1 

i 

a 
1 

1 

i 

© 

1 

i 

1 

1 
1 

1. 

H 

a 

2 

Loss  of  both  hands 

$25  00 
20  90 
25  00 

$31  25 

■fef^n  nn 

'*79.  nn 

1 

M 

1 

31  25   50  00 

72  00 
72  00 

72  00 

31  25,  50  00 

ai  9?;  fin  on 

Loss  of  an  eye,  the  sightof  the  other 
previousiv  lost    ... 

$20  00 

$25  00 

Loss  of  1  hand  and  1  foot 

1  24  00,            !.*3fi  on 

Total  disability  in  1  hand  and  1  foot 

20  OO'  24  oo! 

36  00 

... 

Loss  of  a  hand  or  a  foot 

15  00 

18  00 

24  00 
24  00 
30  00 

Totally  or  permanently  disabled 
in  same 

Amputation  at  or  above  elbow  or 
knee 

15  00 
15  00 
20  00 

18  00 

9A  nn 

Amputation  at  hip-joint 

18  00   24  no 

$37  50 

Inability  to  perform  manual  labor. 
Ditto— equal  to  loss  of  hand  or  foot 





24  00 



24  00 

Uegiilar  aid  and  attendance 

25  00 
25  00 

31  25   50  00 
31  25    .'50  no 

Total  disability  in  both  hands 

NOTE.- 

tion. 


-The  matter  in  heavy-faced  type  has  been  inserted  in  the  foregoing  table  to  meet  xecent  legisla- 


272 


PENSION   FUNDS. 


Bates  fixed  hy  Pension  Office  for  certain  disabilities  not  specified  hy  laiv. 

Loss  of  an  eye : one-half. 

Loss  of  a  thumb one-half. 

Loss  of  an  index  linger three-eighths^ 

Loss  of  a  finger one-fourth. 

Loss  of  a  toe one-fourth. 

Loss  of  a  great  toe one-half. 

Inguinal  hernia one-half. 

Double  inguinal  hernia three-fourths* 

Anchylosis  of  elbow  joint total. 

Pension  Office  Digest  of  Laws,  1881,  p.  232. 

Notes.— For  total  deafness,  or  deafness  approaching  to  total,  affecting  one  ear 
one-eightli  of  a  pension  may  be  allowed.  For  sliahl  deafness  in  both  ears,  or 
severe  or  total  deafness  in  one  ear  and  slight  deafness  in  the  other,  one-fourth 
of  a  total  pension.  For  severe  deafness  of  both  ears,  or  total  deafness  iu  one- 
ear  and  severe  deafness  in  the  other,  one-half  of  a  total  pension  ;  or  if  the  deaf- 
ness should  exist  in  a  degree  nearly  total,  three-fourths  of  a  total  pension.  Fo» 
total  deafness  the  pension  for  total  disability  should  be  allowed  except  in  the 
cases  foi-  which  the  rate  for  total  disability  is  less  than  $13  a  month. — Pension 
Office  Digest  p.  146. 

Desertion  of  a  soldier  is  a  bar  to  widow's  claim  to  pension.  No  bar  if  soldier 
returned  to  service  and  was  killed  in  the  line  of  duty ;  nor,  if  from  a  former  term 
of  service  and  the  soldier  was  honorably  discharged.  From  prior  service  to 
that  for  which  pension  is  claimed  in  war  of  the  rebellion  no  bar  to  pension. — 
Pension  Office  Digest,  p.  150. 

When  an  officer  of  the  Navy  dies  of  disease  contracted  while  on  the  retired  list 
his  widow  is  not  entitled  to  a  pension. 
Idem,  p.  158. 
"Specific'''  disability  is  such  as  is  specified  in  the  statutes.  Injuries  requir- 
ing a  medical  examination  to  ascertain  and  declare  their  nature,  and  as  to  the 
effect  of  which  there  is  room  for  a  difference  of  opinion,  are  not  specific  disa- 
bilities.—Op.  Atty.  Genl.  Devens,  May  17,  1878,  P.  O.  Digest,  p.  154. 

Disability  to  be  pensionable  must  be  of  such  a  character  and  exist  to  such  a 
degree  that  it  can  be  detected  by  the  examining  surgeon  of  the  office. — P.  O. 
Digest,  p.  152. 

Disability  not  connected  with  a  previous  disease  or  injury  received  in  service 
is  not  pensionable,  even  if  soldier's  health  after  discharge  rendered  him  more 
liable  to  disease.  Resulting  from  carelessness,  disregard  of  regulations,  &c., 
not  pensionable,  nor  if  shown  by  surgeon's  certificate  to  have  existed  prior  to 
enlistment.  Cause  of  disability  must  have  been  contracted  in  the  line  of  duty 
as  well  as  in  the  service. 

Idem,  pp.  152, 153, 
Dishonorable  discharge  does  not  forfeit  soldier's  right  to  pension. 
Date  of  actual  discharge  is  the  date  to  which  paid. 

Idem,  p.  154. 
A  soldier  traveling  under  orders,  in  any  manner,  is  "on  the  march,"  and  in. 
the  line  of  duty. 

idem,,  p.  158. 
When  "not  in  line  of  duty :  "  while  on  fnrlongh  ;  while  on  leave  to  attend  to 
private  bnsiness;  while  violating  any  established  Army  regulation;  while  bath- 
ing, unless  under  orders  to  do  so  :  suicide,  unless  the  result  of  insanity ;  wrest- 
ling or  scuffling  with  comrades ;  foraging,  unless  under  orders,  even  if  granted 
leave  to  do  so ;  while  confined  in  a  military  prison  on  charge  of  desertion ;  while 
undergoing  sentence  of  court-martial. — Pension  Office  Decisions,  pp.  157, 160. 

Arrears  of  Pension. — Not  due  to  an  executor  or  administrator,  if  not  applied 
for  by  a  pensioner ;  nor  to  a  minor  if  never  applied  for  by  the  soldier ;  nor  to  a 
widow  during  the  period  the  soldier  was  living,  when  he  made  no  application 
therefor. — Pension  Office  Decisions,  p.  187. 

PENSION  FUNDS. 


See. 

4750.  Secretary  of  Navy  trustee  of  Navy  pension- 

fund. 

4751.  Penalties,  how  to  be  sued  for,  &.c. 


Sec. 

4758.  Secretary  of  Navy  trustee  of  privateer  pen- 

sion-fund. 

4759.  Privateer  pension-fund,  how  derived. 


4752.  Prize-money  accruing  to  United  States  to      4760.  To  be  paid  into  Treasury,  &c 


remain  a  fund  for  pensions, 

4753.  Naval  pension-fund,  how  to  be  invested 

4754.  Bate  of  interest  on  naval  pension-fund. 

4755.  Naval  pensions  payable  from  fund. 


4761.  Wounded,  &c.,  privateersmen  to  be  placed 

on  pension-list. 

4762.  Commanding  officers  of  privateers  to  enter 
names,  &c.,  in  a  journal. 


4756.  Pensions  to  disabled  seamen  and  marines  of  '  4763.  Transcript  of  journals  to  be  transmitted  to 

twenty  years'  service.  Secretary  of  the  Navy. 

4757.  Pensions  to  disabled  seamen  and  marines,   1 

ten  years'  service. 

Title  57.  Sec.  4750.  The  Secretary  of  the  Navy  shall  be  trustee  of  the  Navy 

-^^^^^;^;7^fpension-fund. 
Navy  trustee.  10  J uly,  1832,  s.  1,  v.  4,  p.  572. 

Penalties,  how      Sec.  4751.  All  penalties  and  forfeitures  incurred  under  the  provisions 

toheeaed  fox,  &c.  ^f  sections  tveenty-fonr  hundred  and  sixty-one,  twenty-four  hundred  and 

sixty -two,  and  twenty-four  hundred  and  sixty -three.  Title  "The  Public 


.      PENSION    FUNDS.  273 

X/ANDS,"  shall  be  sued  for,  recovered,  distributed,  and  accounted  for, 
<ander  the  directions  of  the  Secretary  of  the  Navy,  and  shall  be  paid 
over,  one-half  to  the  informers,  if  any,  or  captors,  wh(,Te  seized,  an(|  the 
other  half  to  the  Secretary  of  the  Navy  for  the  use  of  the  Navy  pension- 
fund  ;  and  the  Secretary  is  authorized  to  mitigate,  in  whole  or  In  part, 
on  such  terms  and  conditions  as  he  deems  proper,  by  an  order  in  writing, 
any  fine,  penalty,  or  forfeiture  so  incurred. 
2  March,  1831,  s.  3,  v.  4,  p.  472. 

Sec.  4752.  All  money  accruing  or  which  has  already  accrued  to  the     Prize-money 
United  States  from  sale  of  prizes  shall  be  and  remain  forever  a  fundforajccnilng  to  the 
the  payinent  of  pensions  to  the  officers,  seamen,  and  marines  who  may  Jemain  afSnd^for 
be  entitled  to  receive  the  same  ;  and  if  such  fund  be  insufficient  for  the  penaions. 
purpose,  the  public  faith  is  pledged  to  make  up  the  deficiency  ;  but  if 
it  should  be  more  than  sufficient  the  surplus  shall  be  applied  to  the 
making  of  further  provision  for  the  comfort  of  the  disabled  officers,  sea- 
man, and  marines.     [See  $  4630,  under  Prize,] 
17  July,  1862,  8. 11,  v.  12,  p.  607. 

"Sec.  4753.  The  Secretary  of  the  Navy,  as  trustee  of  the  naval  pension-  iTaral  penaion- 
fund,  is  directed  to  cause  to  be  invested  in  the  registered  securities  of  fond,  how  to  b© 
the  United  States,  on  the  first  day  of  January  and  the  first  day  of  July  invested, 
of  each  year,  so  much  of  such  fund  then  in  the  Treasury  of  the  United 
States  as  may  not  be  required  for  the  payment  of  naval  pensions  for  the 
then  current  fiscal  year ;  and  upon  the  requisition  of  the  Secretary,  so 
much  of  the  fund  as  may  not  be  required  for  such  payment  of  pensions 
accruing  during  the  current  fiscal  year  shall  be  held  in  the  Treasury  on 
the  days  above  named  in  each  year,  subject  to  his  order,  for  the  purpose 
of  such  immediate  investment ;  and  the  interest  payable  in  coin  upon 
the  securities  in  which  the  fund  may  be  invested,  shall  be  so  paid,  when 
due,  to  the  order  of  the  Secretary  of  the  Navy,  and  he  is  authorized  and 
directed  to  exchange  the  amount  of  such  interest  when  paid  in  coin,  for 
so  much  of  the  legal  currency  of  the  United  States  as  may  be  obtained 
therefor  ^t  the  current  rates  of  premium  on  gold,  and  to  deposit  the 
interest  so  converted  in  the  Treasury  to  the  credit  of  the  naval  pension- 
fund  ;  but  nothing  herein  cotitained  shall  be  construed  to  interfere  with 
the  payment  of  naval  pensions  under  the  supervision  of  the  Secretary 
of  the  Interior,  as  regulated  by  law. 

1  July,  1864,  Rea.  62,  v.  13,  p.  424. 

Sec.  4754.  The  interest  on  the  naval  pension-fund  shall  hereafter  be     Rate  of  interest 
at  the  rate  of  three  per  centum  per  annum  in  lawful  money.    .  on  naval  penaion- 

23  July,  1868,  a.  2,  v.  15,  p.  170.  ^'^°•^• 


Sec.  4755.  The  Navy  pensions  shall  be  paid  from  the  Navy  pension-  j^g^yy  pensions 
fund,  but  no  payments  shall  be  made  therefrom  except  upon  appropri- payable  from 
ations  authorized  by  Congress.  fund. 

11  July,  1870,  V.  16,  p.  222. 

23  July,  1868,  a.  2,  v.  15,  p.  170. 

19  Jan.,  1877,  v.  19,  p.  224. 

Sec.  4756.  There  shall  be  paid  out  of  the  naval  pension-fund  to  every    Half-rating  to 
person,  who,  from  age  or  infirmity,  is  disabled  from  sea-service,  but  who  diaabled  enlisted 
has  served  as  an  enlisted  person  in  the  Navy  or  Marine  Corps  for  the  peiaona    serving 
period  of  twenty  years,  and  not  been  discharged  for  misconduct,  in  lieu  ^^vv^^r^MariiS 
of  being  provided  with  a  home  in  the  Naval  Asylum,  Philadelphia,  if  he  corps, 
so  elects,  a  sum  equal  to  one-half  the  pay  of  his  rating  at  the  time  he 
was  discharged,  to  be  paid  to  him  quarterly,  under  the  direction  of  the 
Commissioner  of  Pensions ;  and  applications  for  such  pension  shall  be 
made  to  the  Secretary  of  the  Navy,  who,  upon  being  satisfied  that  the 
applicant  comes  within  the  provisions  of  this  section,  shall  certify  the 
same  to  the  Commissioner  of  Pensions,  and  such  certificate  shall  be  his 
warrant  for  making  payment  as  herein  authorized. 
2  March,  1867,  s.  6,  v.  14,  p.  516. 

Sec.  4757.  Every  disabled  person  who  has  served  in   the  Navy  or    Serving  not  less 
Marine  Corps  as  an  enlisted  man  for  a  period  not  less  than  ten  years,  than  ten    years 
and  not  been  discharged  for  misconduct,  may  apply  to  the  Secretary  of  may  receive  what 
the  Navy  for  aid  from  the  surplus  income  of  the  naval  pension-fund ;  ^^^' 
and  the  Secretary  of  the  Navy  is  authorized  to  convene  a  board  of  not 
less  than  three  naval  officers,  one  of  whom  shall  be  a  surgeon,  to  examine 
11181 18 


274  PENSION    FUNDS. 


I 


into  the  condition  of  the  applicant,  and  to  recommend  a  suitable  amount 
for  his  relief,  and  for  a  specified  time,  and  upon  the  approval  of  such 
recommendation  by  the  Secretary  of  the  Navy,  and  certificate  thereof  to 
the  Commissioner  of  Pensions,  the  amount  "shall  be  paid  in  the  same 
manner  as  is  provided  in  the  preceding  section  for  the  payment  to  per- 
sons disabled  by  long  service  in-^he  Navy  ;  but  no  allowance  so  made 
shall  exceed  the  rate  of  a  pension  for  full  disability  corresponding  to 
the  grade  of  the  applicant,  nor,  if  in  addition  to  a  pension,  exceed  one- 
fourth  the  rate  of  such  pension. 
Ibid. 


co|i 


Notes.— Pensions  granted  nnder  sections  4756  and  4757  are  wholly  under  C« 
trol  of  the  Secretary  of  the  Nary,  to  whom  applications  should  be  made.  Tho 
Pension  Office  also  requires  that  claimants  shall  tile  an  application,  properly 
executed  before  a  court  of  record,  as  an  identification  of  the  party  whose  claim 
has  been  adjudicated  by  the  Navy  Department. 

The  rule  now  in  force  regarding  these  pensions,  is  that  they  will  be  considerecl 
as  commencing  on  the  date  of  filing  the  application  in  the  Navy  Department. 
See  Pension  Office  Digest,  p.  191. 

Secretary     o  f     Sec.  4758.  The  Secretary  of  the  Navy  shall  be  trustee  of  the  privateer 
Navy  trustee.       pension-fund. 

10  July,  1832,  8. 1,  V.  4,  p.  572. 

Privateer  pen-      Sec.  4759.  T^vo  per  centum  on  the  net  amount,  after  deducting  all 

sion-fund,    li  o  "w  charges  and  expenditures,  of  the  prize-money  arising  from  captured 

enve  .  vessels  and  cargoes,  and  on  the  net  amount  of  the  salvage  of  vessels 

and  cargoes  recaptured  by  the  private  armed  vessels  of  the  United 

States,  shall  be  secured  and  paid  over  to  the  collector  or  other  chief 

officer  of  the  customs  at  the  port  or  place  in  the  United  States  at  which 

such  captured  or  recaptured  vessels  may  arrive;  or  to  the  consul  or 

other  public  agent  of  the  United  States  residing  at  the  port  or  place, 

not  within  the  United  States,  at  which  such  captured  or  recaptured 

vessels  may  arrive.     And  the  moneys  arising  therefrom  are  pledged  by 

the  Government  of  the  United  States  as  a  fund  for  the  support  and 

maintenance  of  the  widows  and  orphans  of  such  persons  as  may  be 

slain,  and  for  the  support  and  maintenance  of  such  persons  as  may  be 

wounded  and  disabled  on  board  of  the  private  armed  vessels  of  the 

United  States,  in  any  engagement  with  the  enemy,  to  be  assigned  and 

:  distributed  in  such  manner  as  is  or  may  be  provided  by  law. 

26  June.  1812,  s.  17,  v.  2,  p.  763. 

To  be  paid  into     Sec.  4760.  The  two  per  centum  reserved  in  the  hands  of  the  collectors 
the  Treasury, &o.  ^nd  consuls  by  the  preceding  section,  shall  be  paid  to  the  Treasury, 
under  the  like  regulations  provided  for  other  sublic  money,  and  shall 
constitute  a  fund  for  the  purposes  provided  for  by  that  section. 
13reb.,1813,s.l,v.2,p.799. 
Wounded,^&o.^     g^C.  4761.  The  Secretary  of  the  Interior  is  required  to  place  on  the 
E"prace"on^pen°  pension-list,  under  the  like  regulations  and  restrictions  as  are  used  in 
sion-list.  relation  to  the  Navy  of  the  United  States,  any  officer,  seamen,  or  marine, 

who,  on  board  of  any  private  armed  vessel  bearing  a  commission  of  let- 
ter of  marque,  shall  have  been  wounded  or  otherwise  disabled  in  any 
engagement  with  the  enemy,  or  in  the  line  of  their  duty  as  officers,  sea- 
men, or  marines  of  such  private  armed  vessel;  allowing  to  the  captain 
a  sum  not  exceeding  twenty  dollars  per  month ;  to  lieutenants  and  sail- 
ing-master a  sum  not  exceeding  twelve  dollars  each  per  month;  to 
marine  officer,  boatswain,  gunner,  carpenter,  master's  mate,  and  prize- 
masters,  a  sum  not  exceeding  ten  dollars  each  per  month;  to  all  other 
officers  a  sum  not  exceeding  eight  dollars  each  per  month,  for  the  highest 
rate  of  disability,  and  so  in  proportion ;  and  to  a  seaman,  or  acting  as  a 
marine,  the  sum  of  six  dollars  per  month,  for  the  highest  rate  of  disabil- 
ity, and  so  in  proportion;  which  several  pensions  shall  be  paid  from 
moneys  appropriated  for  the  payment  of  pensions. 
13  Feb.,  1813,  s.  2,  v.  2,  p.  799. 
2  Aug.,  1813,  V.  3,  p.  86. 

Commanding     gjjQ^  4762.  The  commanding  officer  of  every  vessel  having  a  commis- 

t^rs^to   ^nterSi®"^'  ^^  letters  of  marque  and  reprisal,  shall  enter  in  his  journal  the 

names.  &o.,  in  a  name  and  rank  of  any  officer,  and  the  name  of  any  seaman,  who,  during 

journal.  his  cruise,  is  wounded  or  disabled,  describing  the  manner  and  ext< 

as  far  as  practicable,  of  such  wound  or  disability. 

13Teb.,  1813,  e.  3,  V,  2,  p.  600. 


.9 


PERJURY.  275 

Sec.  4763.  Every  collector  shall  transmit  quarterly  to  the  Secretary  of .  Transcript    of 
the  Navy  a  transcxipt  of  such  journals  as  may  have  been  reported  toJJJJ™*Jj^    °^ 
him,  so  far  as  it  ^ives  a  list  of  the  officers  and  crew,  and  the  description  secretary  of  the 
of  wounds  and  disabilities,  the  better  to  enable  the  Secretary  to  decide  J«^ary. 
on  claims  for  pensions. 

Ibid.,  a.  4. 

PEKJURY. 

Sec.  [  Sec. 

1023.  Prosecutions  for  perjury.  5393.  Subornation  of  perjury. 

1624.  To  obtain  claims.  5396.  Form  of  indictment  for  perjury, 

5392.  Punishment.  I  5397.  Indictment  for  subornation  of  peijury. 

'  Sec.  1023.  In  prosecutions  for  perjury  committed  on  examination  Title  13, Chap.  18» 
before  a  naval  general  court-martial,  or  for  the  subornation  thereof,  "  Piosecution* 
it  shall  be  sufficient  to  set  forth  the  offense  charged  on  the  defendant,  for  perjury  before* 
without  setting  forth  the  authority  by  which  the  court  was  held,  or  a  naval  court- 
the  particular  matters  brought  before,  or  intended  to  be  brought  be-  martial, 
fore,  said  court. 

17  July,  1862,  8.  1,  art.  13,  v.  12,  p.  604. 

Sec.  1624.  Art.  14.  Fine  and  imprisonment,  or  such  other  punish- Title  15, Chap.lO*. 
meut  as  a  court-martial  may  adjudge,  shall  be  inflicted  upon  any  per-  '  For  the  pur- 
son  in  the  naval  service  of  the  United  States  poge  of  obtaining 

*  **#*#*  claims. 

Who,  for  the  purpose  of  obtaining,  or  aiding  others  to  obtain,  the 
approval,  allowance,  or  payment  of  any  claim  against  the  United 
States  or  any  officer  thereof,  makes,  or  procures  or  advises  the  making 
of,  any  oath  to  any  fact  or  to  any  writing  or  other  paper,  knowing  such 
oath  to  be  false. 

2  March,  1863,  s.  1,  v.  12,  p.  696. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  compe-  Title  70,  Chap.  4» 

,  tent  tribunal,  officer,  or  person,  in  any  case  in  which  a  law  of  the ; 

United  States  authorizes  an  oath  to  be  administered,  that  he  will  tes-  I*^rjury. 
tify,  declare,  depose,  or  certify  truly,  or  that  any  written  testimony, 
declaration,  deposition,  or  certificate  by  him  subscribed  is  true,  will- 
fully and  contrary  to  such  oath  states  or  subscribes  any  material  mat- 
ter which  he  does  not  believe  to  be  true,  is  guilty  of  perjury,  and  shall 
be  punished  by  a  fine  of  not  more  than  two  thousand  dollars,  and  by 
imprisonment,  at  hard  labor,  not  more  than  five  years;  and  shall, 
moreover,  thereafter  be  incapable  of  giving  testimony  in  any  court  of 
the  United  States  until  such  time  as  the  judgment  against  him  is 
reversed. 

30  April,  1790,  s.  18,  v.  1,  p.  116. 

3  March,  1825,  s.  13,  v.  4,  p.  118. 

Sec.  5393.  Every  person  who  procures  another  to  commit  any  per-     Subornation  of 
jury  is  guilty  of  subornation  of  perjury,  and  punishable  as  in  the  pre- ^^^^^'^^^ 
ceding  section  prescribed. 

33  April,  1790,  s.  18,  v.  1,  p.  116. 
3  March,  1825,  s.  13,  v.  4,  p.  118. 

Sec.  5396.  In  every  presentment  or  indictment  prosecuted  against  Form  of  indict- 
any  person  for  perjury,  it  shall  be  sufficient  to  set  forth  the  substance™  orperjury. 
of  the  oifense  charged  upon  the  defendant,  and  by  what  court,  and 
before  whom  the  oath  was  taken,  averring  such  court  or  person  to 
have  competent  authority  to  administer  the  same,  together  with  the 
proper  averment  to  falsify  the  matter  wherein  the  perjury  is  assigned, 
without  setting  forth  the  bill,  answer,  information,  indictment,  declar- 
ation, or  any  part  of  any  record  or  proceeding,  either  in  law  or  equity, 
or  any  affidavit,  deposition,  or  certificate,  other  than  as  hereinbefore 
stated,  and  without  setting  forih  the  commission  or  authority  of  the 

(court  or  person  before  whom  the  perjury  was  committed. 
K  30  April,  1790,  s.  19,  v.  1,  p.  116. 

^Sec.  5397.  In  every  presentment  or  indictment  for  subornation  of    Indictment  for 
perjury,  it  shall  be  sufficient  to  set  forth  the  substance  of  the  offense  subornation    of 
charged  upon  the  defendant,  without  setting  forth  the  bill,  answer,  P^^'J"^* 
information,  indictment,  declaration,  or  any  part  of  any  record  or  pro- 
ceeding either  in  law  or  equity,  or  any  affidavit,  deposition,  or  cer- 
tificate, and  without  setting  forth  the  commission  or  authority  of  the 
court  or  person  before  whom  the  perjury  was  committed,  or  was  agreed 
L  ffitpromised  to  be  committed. 
I  &  Ibid,  a.  20. 


276 


PIRACY,    ROBBtRY. 


PIRACY,  ROBBERY. 


Sec. 

4293.  Public  vessels  to  suppress  piracy. 

4294.  Seizure  of  piratical  vessels. 

4295.  Merchant-vessels  may  resist  pirates. 

4296.  Condemnation  of  piratical  vessels. 

4297.  Seizure  of  vessels  fitted  out  for  pirac.y. 

4298.  What  vessels  may  be  authorized  to  seize  pi- 

rates. 

4299.  Duty  of  officers  of  customs  and  marshals. 
6823.  Accessory  before  the  fact  to  piracy,  &-c. 
5324.  Accessory  after  the  fact  to  robbery  or  pi- 
racy. 

5368.  Piracy  under  the  law  of  nations. 

5369.  Seaman  laying  violent  hands   on  his  com- 

mander. 

5370.  Eobbery  upon  the  high  seas. 


Sec. 

5371.  Robbery  on  shore  by  crew  of  piratical  ves- 

sel. 

5372.  Murder,  &c.,  upon  the  high  seas. 

5373.  Piracy-  under  color  of  a  commission  from  a 

foreign  power. 

5374.  Piracy  by  subjects  or  citizens  of  a  foreign 

state. 

5375.  Piracy  in  confining  or  detaining  negroes  on 

board  vessels,  &c. 

5376.  Piracy  in  landing,  seizing,  &c.,  negroes  on 

any  foreign  shore. 

5383.  Running  away  with  or  yielding  up  vessel  or 

cargo. 

5384.  Confederating,  &c.,  with  pirates. 

5533.  Accessory  after  the  factor  piracy  ;  punish- 
ment. 


Seizure  of   pi- 
ratical vessels. 


Title  13,  Chap.  3.  Sec.  563.  The  district  courts  shall  have  jurisdiction  of  all  cases 
arising  under  act  for  the  punishment  of  piracy,  when  no  circuit  court 
is  held  in  the  district  of  such  court. 

3  March,  1823,  v.  3,  p.  789. 
15  May,  1820,  v.  3,  p.  600. 
30  Jan.,  1823,  V.  3,  p.  721. 

Title  48,  Chap.  8.     Sec.  4293.  The  President  is  authorized  to  employ  so  many  of  the  pub- 
Public  vessels  ^^^  armed  vessels  as  in  his  judgment  the  service  may  require,  with  suit- 
to   suppress  pi-  able  instructions  to  the  commanders  thereof,  in  protecting  the  merchant- 
racy,  vessels  of  the  United  States  and  their  crews  from  piratical  aggressions 
and  depredations. 

6  March,  1819,  s.  1,  v.  3,  p.  510. 
30  Jan.,  1823,  v.  3,  p.  721. 

Sec.  4294.  The  President  is  authorized  to  instruct  the  commanders  of 
the  public  armed  vessels  of  the  United  States  to  subdue,  seize,  take,  and 
send  to  any  port  of  the  United  States,  any  armed  vessel  or  boat,  or 
any  vessel  or  boat,  the  crew  whereof  shall  be  armed,  and  which  shall 
have  attempted  or  committed  any  piratical  aggression,  search,  restraint, 
depredation,  or  seizure,  upon  any  vessel  of  the  United  States,  or  of  the 
citizens  thereof,  or  upon  any  other  vessel ;  and  also  to  retake  any  vessel 
of  the  United  States,  or  its  citizens,  which  may  have  been  unlawfully 
captured  upon  the  high  seas. 

3  March,  1819,  s.  2,  v.  3,  p.  512. 
30  Jan.,  1823,  v.  3,  p.  721. 

^erchant-ves-  Sec.  4295.  The  commander  and  crew  of  any  merchant-vessel  of  the 
™3,y  resist  United  States,  owned  wholly,  or  in  part,  by  a  citizen  thereof,  may  oppose 
and  defend  against  any  aggression,  search,  restraint,  depredation,  or 
seizure,  which  shall  be  attempted  upon  such  vessel,  or  upon  any  other 
vessel  so  owned,  by  the  commander  or  crew  of  any  armed  vessel  what- 
soever, not  being  a  public  armed  vessel  of  some  nation  in  amity  with 
the  United  States,  and  may  subdue  and  capture  the  same ;  and  may 
also  retake  any  vessel  so  owned  which  may  have  been  captured  by  the 
commander  or  crew  of  any  such  armed  vessel,  and  send  the  same  into 
any  port  of  the  United  States. 

3  March,  1819,  s.  3,  v.  3,  p.  513. 

30  Jan.,  1823,  v.  3,  p.  721. 

Condemnation  Sec.  4296.  Whenever  any  vessel,  which  shall  have  been  built,  pur- 
eels*^'^^*  ^^^  chased,  fitted  out  in  whole  or  in  part,  or  held  for  the  purpose  of  being 
employed  in  the  commission  of  any  piratical  aggression,  search,  restraint,  ! 
depredation,  or  seizure,  or  in  the  commission  of  any  other  act  of  piracy 
as  defined  by  the  Jaw  of  nations,  or  from  which  any  piratical  aggression, 
search,  restraint,  depredation,  or  seizure  shall  have  been  first  attempted 
or  made,  is  captured  and  brought  into  or  captured  in  any  port  of  the 
United  States,  the  same  shall  be  adjudged  and  condemned  to"  their  use, 
and  that  of  the  captors  after  due  process  and  trial  in  any  court  having 
admiralty  jurisdiction,  and  which  shall  be  holden  for  the  district  into 
which  such  captured  vessel  shall  be  brought ;  and  the  same  court  shall 
thereupon  order  a  sale  and  distribution  thereof  accordingly,  and  at  its 
discretion. 

3  March,  1819,  s.  4,  v.  3,  p.  513. 

30  Jan.,  1823,  v.  3,  p.  721. 

5  Aug.,  1861,  s.  1,  V.  12,  p.  314. 


'pirates. 


277 

Sec.  4297.  Any  vessel  built,  purchased,  fitted  out  in  whole  or  in  part,     f '^'^^^'^^  ^^  7® 
or  held  for  the  purpose  of  being  employed  in  the  commission  of  any  !^|j.^ °*'*®"  °^* ^°' 
piratical  aggression,  search,  restraint,  depredation,  or  seizure,  or  in  the  ^ 
commission  of  any  other  act  of  piracy,  as  defined  by  the  law  of  nations, 
shall  be  liable  to  be  captured  and  brought  into  any  ptrt  of  the  United 
States  if  found  upon  the  hisfh  seas,  or  to  be  seized  if  found  in  any  port 
or  place  within  the  United  States,  whether  the  same  shall  have  actually 
sailed  upon  any  piratical  expedition  or  not,  and  whether  any  act  of 
piracy  shall  have  been  committed  or  attempted  upon  or  from  such  vessel 
or  not ;  and  any  such  vessel  may  be  adjudged  and  condemned,  if  cap- 
tured by  a  vessel  authorized  as  hereinafter  mentioned,  to  the  use  of  the 
ITuited  States  and  to  that  of  the  captors,  and  if  seized  by  a  collector, 
surveyor,  or  marshal,  then  to  the  use  of  the  United  States. 
5  Aug.,  1861,  s.  1,  V.  12,  p.  314. 

Sec.  4298.  The  President  is  authorized  to  instruct  the  commanders  What  vessela 
of  the  public  armed  vessels  of  the  United  States,  and  to  authorize  the  f^JJ  to^ge^ze^S- 
commauders  of  any  other  armed  vessel  sailing  under  the  authority  of  ^ates.  ' 

any  letters  of  marque  and  reprisal  granted  by  Congress,  or  the  com- 
manders of  any  other  suitable  vessels,  to  subdue,  seize,  take,  and,  if  on 
the  high  seas,  to  send  into  any  port  of  the  United  States,  any  vessel  or 
boat  built,  purchased,  fitted  out,  or  held  as  mentioned  in  the  preced- 
ing section. 

Idem.  s.  2, 

I^OTES. — Piracy  is  defined  by  the  law  of  nations  to  be  a  forcible  depredation 
upon  property  on  the  high  seas,  without  lawful  authority,  done  animo  furandi; 
that  is,  as  defined,  in  this  connection,  in  a  spirit  and  intention  of  universal  hos- 
tility. A  pirate  is  said  to  be  one  who  roves  the  sea  in  an  armed  vessel,  without 
any  commission  from  any  sovereign  state,  on  his  own  authority,  and  for  the 
purpose  of  seizing  by  force  and  appropriating  to  himself,  without  discrimina- 
tion, every  vessel  he'  may  meet. — United  States  v.  Baker,  5  Blatchford,  11, 12. 
Cited  in  Cadwalader's  State  Department  Digest,  p.  77. 

To  make  the  firing  of  one  vessel  into  another  a  piratical  aggression  within 
the  act  of  1819,  section  5368,  K.  S.,  it  must  be  a  first  aggression  unprovoked  by 
any  previous  act  of  hostility  or  menace  from  the  other  side. — Cadwalader's  Di- 
gest.—Op.  IX,  114. 

Robbery,  or  forcible  depredation  upon  the  high  sea,  animo  furandi,  is  piracy 
by  the  law  of  nations.  Cadwalader's  Digest,  p.  76,  cites  5  Wheaton,  153.  A 
vessel  loses  her  national  character  by  assuming  a  piratical  character,  and  a  pi- 
racy committed  by  a  foreigner  from  on  board  such  a  vessel  whatever,  is  pun- 
ishable under  act  of  1790,  section  5360,  R.  S. — Idem,  p.  77,  cites,  5  Wheaton,  184. 

Every  hostile  attack,  in  time  of  peace,  is  not  necessarily  piratical.  It  may  be 
by  mistake,  or  in  necessary  self-defense,  or  to  repel  a  supposed  meditated  at- 
tack by  pirates.  It  may  be  justifiable,  and  then  no  blame  attaches  to  the  act; 
or  it  may  be  without  just  excuse,  and  then  it  carries  responsibility  in  damages. — 
Cadwalader's  Digest,  p.  77,  cites  11  Wheaton,  40,  41,  and  2  Howard,  236. 

Merchant  vessels  suspected  of  being  engaged  in  illicit  trade  forbidden  by  the 
laws  of  Congress,  may  be  seized  and  detained  by  public  armed  vessels. — Op.  3, 
405. 

Sec.  4299.  The  collectors  of  the  several  ports  of  entry,  the  surveyors  Duties  of  oflBcers 
of  the  several  ports  of  delivery,  and  the  marshals  of  the  several  judicial  of  customs  and 
districts  within  the  United  States,  shall  seize  any  vessel  or  boat  built,  marshals, 
purchased,  fitted  out,  or  held  as  mentioned  in  section  forty-two  hun- 
dred and  ninety-seven,  which  may  be  found  within  their  respective  ports 
or  districts,  and  to  cause  the  same  to  be  proceeded  against  and  disposed 
of  as  provided  by  that  section. 
Idem,  s.  3. 

Sec.  5323.  Every  person  who  knowingly  aids,  abets,  causes,  procures,  Title  70,  Chap.  1. 

commands,  or  counsels  another  to  commit  any  murder,  robbery,  or  other  — ~ — 

piracy  upon  the  seas,  is  an  accessory  before  the  fact  to  such  piracies,  fo^  ^he^^fSst  to 
and  every  such  person  being  thereof  convicted  shall  sufter  death.  piracy,  &c. 

30  April,  1790,  s.  10,  v.  1,  p.  114. 

Sec.  5324.  Every  person  who  receives  or  takes  into  custody  any  ves-    Accessory  after 
sel,  goods,  or  other  property  feloniously  taken  by  any  robber  or  pirate  ^^  ^^^^  ^  ^^^' 
against  the  laws  of  the  United  States,  "knowing  the  same  to  have  been    ^^^  or  piracy, 
feloniously  taken,  and  every  person  who,  knowing  that  such  pirate  or 
robber  has  done  or  committed  any  such  piracy  or  robbery,  on  the  land 
or  at  sea,  receives,  entertains,  or  conceals  any  such  pirate  or  robber,  is 
an  accessory  after  the  fact  to  such  robbery  or  piracy.     [See  $5533.] 
•80  April,  1790,  s.  11,  v.  1,  p.  114. 


278  PIRACV,    ROBBERY. 


Title  70,  Chap.  3.     Sec.  5368.  Every  person  who,  ou  the  high  seas,  commits  the  crime  o: 
"piracy    under  pi^acy  as  defined  by  the  law  of  nations,  and  is  afterward  brought  into 
the  law  of  na- or  found  in  the  United  States,  shall  suffer  death.     [See  $$5323-5333.  J, 
tions.  3  March,  1819,  8.  5,  V.  3,  p.  513.  .        jM 


15  May,  1820,  s.  2,  v.  3,  p.  & 
30  Jan.,  1823,  v.  3,  p.  721. 

Seaman  laying  Sec.  5369.  Every  seaman  who  lays  violent  hands  upon  his  commander, 
violent  hands  on  thereby  to  hinder  and  prevent  his  fighting  in  defense  of  his  vessel  or  the 
his  commander.    ^^^^^  intrusted  to  him,  is  a  pirate,  and  shall  suffer  death 

30  April,  1790,  s.  8,  v.  1,  p.  113. 

Robbery  upon     Sec.  5370.  Every  person  who,  upon  the  high  seas,  or  in  any  op6_ 

the  high  seas,      roadstead,  or  in  any  haven,  basin,  or  bay,  or  in  any  river  where  the  sea 

ebbs  and  flows,  commits  the  crime  of  robbery,  in  or  upon  any  vessel,  or 

upon  any  ship's  company  of  any  vessel,  or  the  lading  thereof,  is  a  pirate, 

and  shall  suffer  death. 

15  May,  1820,  s.  3,  v.  3,  p.  600. 

Robbery  on  Sec.  5371.  Every  person  engaged  in  any  piratical  cruise  or  enterprise, 
«hore  W  crew  of  or  being  of  the  crew  of  any  piratical  vessel,  who  lands  from  such  vessel 
pira  ic    vesse  .    ^^^  ^^  shore  commits  robbery,  is  a  pirate,  and  shall  suffer  death. 

Ibid. 

Murder,     &c.,      Sec.  5372.  Every  person  who  commits  upon  the  high  seas,  or  in  any 

Tipon    the    highxiver,  harbor,  basin,  or  bay,  out  of  the  jurisdiction  of  any  particular 

*^*®-  State,  murder  or  robbery,  or  any  other  offense  which,  if  committed 

within  the  body  of  a  county,  would  be  punishable  with  death  by  the 

laws  of  the  United  States,  is  a  pirate,  and  shall  suffer  death. 

30  AprU,  1790,  a.  8,  v,  1,  p.  113. 

<;olor*of^  a  "com^     Sec.  5373.  Every  citizen  who  commits  any  murder  or  robbery,  or  any 
tnission    from   a  act  of  hostility  against  the  United  States,  or  against  any  citizen  thereof, 
foreign  power,      on  the  high  seas,  under  color  of  any  commission  from  any  foreign  prince, 
or  state  or  on  pretense  of  authority  from  any  person,  is,  notwithstand- 
ing the  pretense  of  such  authority,  a  pirate,  and  shall  suffer  death. 

Idem,  8.  9,  v.  1,  p.  114. 

_  Piracy  by  sub-  Sec.  5374.  Every  subject  or  citizen  of  any  foreign  state,  who  is  found 
jects  or  citizens  ^nd  taken  on  the  sea  making  war  upon  the  United  States,  or  cruising 
o  a  oreigns  a  e.  j^gj^ijjgj^  ^jjg  vessels  and  property  thereof,  or  of  the  citizens  of  the  same, 
contrary  to  the  i)rovisions  of  any  treaty  existing  between  the  United 
States  and  the  state  of  which  oiiender  is  a  citizen  or  subject,  when  by 
such  treaty  such  acts  are  declared  to  be  piiacy,  is  guilty  of  piracy,  and 
shall  suffer  death. 

3  March,  1847,  v.  9,  p.  175. 

Pimcy  ^^^/^<^°;  Sec.  5375.  Every  person  who,  being  of  the  crew  or  ship's  company  of 
in'^  'negroes  on  ^^y  foreign  vessel  engaged  in  the  slave-trade,  or  being  of  the  crew  or 
board  vessels.  ship's  company  of  any  vessel  owned  wholly  or  in  part,  or  navigated 
for  or  in  behalf  of  any  (citizen,  forcibly  confines  or  detains  on  board 
such  vessel  any  negro  or  mulatto,  with  intent  to  make  such  negro  or 
mulatto  a  slave,  or,  on  board  such  vessel,  offers  or  attempts  to  sell,  as  a 
slave,  any  negro  or  mulatto,  or  on  the  high  seas,  or  anywhere  on  tide- 
water, transfers  or  delivers  to  any  other  vessel  any  negro  or  mulatto 
with  intent  to  make  such  negro  or  mulatto  a  slave,  or  lauds  or  delivers 
on  shore  from  on  board  such  vessel  any  negro  or  mulatto  with  intent  to 
make  sale  of,  or  having  previously  sold  such  negro  or  mulatto  as  a  slave, 
is  a  pirate,  and  shjill  suffer  death.  [See  $$  5525,  5551-5560,  Slave- 
Trade.] 

15  May,  1820,  s.  5,  v.  3,  p.  601. 

Piracy  in  land-      Sec.  5376.  Every  person  who,  being  of  the  crew  or  shij)'s  company  of 

mg,  seizing,  &c.,  j^^y  foreign  vessel  engaged  in  the  slave-trade,  or  being  of  the  crew  or 

fo^ign  shore.  "^  s^^P's  company  of  any  vessel,  ownerl  in  whole  or  part,  or  navigated 

for,  or  in  behalf  of,  any  citizen,  lauds   from  such  vessel,  and,  on  any 

foreign  shore,  seizes  any  negro  or  mulatto  with  intent  to  make  such 

negro  or  mulatto  a  slave,  or  decoys,  or  forcibly  brings,  or  carries,  or 

receives  such  ueoro  or  mulatto  on  board  such  vessel,  with  like  intent, 

is  a  pirate,  and  shall  suffer  death. 

Idem,  s.  4,  p.  630. 


3,9 


PILOTS PILOTAGE.  279 

Sec.  5383.  Every  captain,  other  officer,  or  mariner,  of  a  vessel  on  the    Runnlnft  away 
high  seas,  or  on  any  other  waters  within  the  admiralty  and  maritime ''''^^*^*^''  yielding 
jurisdiction  of  the  United  States,  who  piratically  or  feloniously  runs  g^/^  ^^® 
away  with  such  vessel,  or  with  any  goods  or  merchandise  thereof,  to 
the  value  of  fifty  dollars,  or  who  yields  up  such  vessel  voluntarily  to 
any  pirate,  shall  be  fined  not  more  than  ten  thousand  dallars,  or  im- 
^nisoned  at  hard  labor  not  more  than  ten  years,  or  both. 

8  Aug.,  1846,  8.  5,  V.  9,  p.  73. 
30  April,  1790,  a.  8,  v.  1,  p,  113. 

Sec.  5384.  If  any  person  attempts  or  endeavors  to  corrupt  any  com-  Confederathig,- 
Miander,  master,  officer,  or  mariner  to  yield  up  or  to  runaway  with  any  »c.,  with  pirates. 
vessel,  or  with  any  goods,  wares,  or  merchandise,  or  to  turn  pirate,  or 
to  go  over  to  or  confederate  with  pirates,  or  in  any  wise  to  trade  with 
.any  pirate,  knowing  him  to  be  such,  or  furnishes  such  pirate  with  any 
ammunition,  stores,  or  provisions  of  any  kind,  or  fits  out  any  vessel 
knowingly  and  with  a  design  to  trade  with,  supply,  or  correspond 
with  any  pirate  or  robber  upon  the  seas  ;  or  if  any  person  consults,  com- 
bines, confederates,  or  corresponds  with  any  pirate  or  robber  upon  the 
«eas,  knowing  hiui  to  be  guilty  of  any  piracy  or  robbery ;  or  if  any 
seaman  confines  the  master  of  any  vessel,  he  shall  be  imprisoned  not 
more  than  three  years,  and  fined  not  more  than  one  thousand  dollars. 
20  April,  1790,  8.  12,  v.  1 ,  p.  115. 

Sec.  5533.  Every  accessory  after  the  fact  to  murder,  robbery,  or  piracy,  Title  70,  Chap.  8. 

sliall  be  imprisoned  not  more  than  three  years,  and  fined  not  more  than  — r— 

ive  hundred  dollars.     [See  $  5324.]  tbt'faTto^mur! 

30  April,  1790,  s.  11,  v.  1,  p.  114.  der,   robbery,   or 

piracy. 

PILOTS—PILOTAaE. 

■Sec.  j   Sec. 

4235.  State  regulation  of  pilots.  4237.  No  diacrimination  in  rates  of  pilotage. 

4236.  Pilots  on  boundaries.  I 

Sec.  4235.  Until  further  provision  is  made  by  Congress,  all  pilots  in  Title  48,  Chap.  6, 
the  bays,  inlets,  rivers,  harbors,,  and  ports  of  the  United  States  shall  ~~ 

continue  to  be  regulated  in  conformity  with  the  existing  laws  of  tli®  ^ion  of  pSofs^ 
States  respectively  wherein  such  pilots  may  be,  or  with  such  laws  as 
the  States  may  respectively  enact  for  the  purpose. 
7  Aug.,  1789,  8.  4,  V.  1,  p.  54. 

Sec.  423(3,  The  master  of  any  vessel  coming  into  or  going  out  of  any  Pilots  on  bound- 
port  situate  upon  waters  which  are  the  boundary  between  two  States,  aries  between 
anay  employ  any  pilot  duly  licensed  or  authorized  by  the  laws  of  either  States. 
of  the  States  bounded  on  such  waters,  to  pilot  the  vessel  to  or  from 
•such  port. 

2  March,  1837,  v.  5,  p.  153. 

Sec.  4237.  No  regulations  or  provisions  shall  be  adopted  by  any  State     No  discriraina- 
whicli  shall  make  any  discrimination  in  the  rate  of  pilotage  or  half- t\o*i/^^  ^**®s  of 
pilotage  between  vessels  sailing  between  the  ports  of  one  State  aud^^^^^^*^" 
vessels  sailing  between  the  ports  of  ditierent  States,  or  any  discrimina- 
tion against  vessels  propelled  in  whole  or  in  part  by  steam,  or  against 
national  vessels  of  the  United  States;  and  all  existing  regulations  or 
provisions  making  any  such  discrimination  are  annulled  and  abrogated. 
13  July,  1866,  v.  14,  p.  93. 

Notes. — Government  vessels  are  not  required  to  employ  and  pay  branch  pilot 
upon  entering  the  ports  and  harbors  of  the  United  States.  The  exemption  ex- 
tends to  all  public  vessels  whether  armed  or  not.— Op.  IV,  532,  Sept.  9,  1846, 
Mason. 

The  penalties  imposed  by  State  laws  for  piloting  vessels  without  due  license 
from  the  State,  have  no  application  to  persons  employed  as  pilots  on  board  pub- 
lic vessels  of  the  United  States,  the  latter  vessels  being  within  the  exclusive  , 
jurisdiction  of  the  United  Slates.— Op.  XVI,  647,  Oct.  22,  1879. 

The  term  "jmblic  vessels"  does  not  apply  to  vessels  of  the  Navy  alone. 
"Within  the  meaning  of  the  inspection  and  navigation  laws  public  vessels  are 
those  owned  by  the  United  States,  and  those  used  by  them  for  public  purposes. 
Those  laws  warrant  no  distinction  between  public  vessels  under  the  control  of 
the  Navy  Department  and  public  vessels  under  the  control  of  any  other  depart- 
ment of  the  Oovernment.  Unlicensed  pilots  and  engineers  can  be  lawfully  em- 
ployed on  them.— Op.  XIII,  p.  249,  Hoar,  June  1,  1870. 


280 


POSTAGE,    MAIL-MATTER,    ETC. 


POSTAGE,  MAIL-MATTER,  &o. 


FOREIGN   POSTAGE. 


Sec. 

3912.  Postage  on  foreign-mail-matter. 

3913.  Postage  on  irregular  sea-letters. 


Sec. 


Vessels  carrying  mails. 


Title  4«,  Chap.  4.     Sec.  3912.  The  rate  of  United  States  postage  on  mail-matter  sent  to 
Postage  on  for-  ^^  received  from  foreign  countries  with  which  different  rates  have  not 

eign  mail-matter,  heen  established  by  postal  convention  or  other  arrangement,  when  for- 
warded by  vessels  regularly  employed  in  transporting  the  mail,  shall 
be  ten  cents  for  each  half  ounce  or  fraction  thereof  on  letters,  unless:: 
reduced  by  order  of  the  Postmaster-General ;  two  cents  each  on  news- 
papers; and  not  exceeding  two  cents  per  each  two  ounces,  or  fraction 
thereof,  on  pamphlets,  periodicals,  books,  and  other  printed  matter, 
which  postage  shall  be  prepaid  on  matter  sent  and  collected  on  matter 
received;  and  to  avoid  loss  to  the  United  States  in  the  payment  of 
balances,  the  Postmaster-General  may  collect  the  unjjaid  postage  oi> 
letters  from  foreign  countries  in  coin  or  its  equivalent. 
8  June,  1872,  s.  165,  v.  17,  p.  304. 

Postage  on  ir-      Sec.  3913.  All  letters  conveved  by  vessels  not  regularlj'  employed  in 
regular  sea-let- carrying  the  mail  shall,  if  for  delivery  within  the  United  States,  be- 
^^'  charged  with  double  postage,  to  cover  the  fee  paid  to  the  vessel. 

Jbid.,  s.  166. 

Title  46,  Chap. ».  Sec.  3976.  The  master  of  any  vessel  of  the  United  States  bound  fron» 
~— — r^  T~  ^°y  P^^t  therein  to  any  foreign  port,  or  from  anj^  foreign  port  to  any 
vossds  to  carry  P®^  ^^  *^^  United  States,  shall,  before  clearance,  receive  on  board  anil 
mails;  oath ;  ^^^^"''^ly  convey  all  such  mails  as  the  Post-Office  Department,  or  any 
penalty!  '  diplomatic  or  consular  officer  of  the  United  States  abroad,  shall  offer; 

and  he  shall  promptly  deliver  the  same,  on  arriving  at  the  port  of  desti- 
nation, to  the  proper  officer,  for  which  he  shall  receive  two  cents  for 
every  letter  so  delivered;  and  upon  the  entry  of  every  such  vessel  re- 
turning from  any  foreign  port,  the  master  thereof  shalf  make  oath  that 
he  has  promptly  delivered  all  the  mail  placed  on  board  said  vessel  be- 
fore clearance  from  the  United  States;  and  if  he  shall  fail  to  make  such 
oath  the  vessel  shall  not  be  entitled  to  the  privileges  of  a  vessel  of  ther 
United  States.  [See  $  4203,  Merchant  service.] 
Ibid.,  s.  222,  p.  310. 


DOMESTIC   POSTAGE. 


3  March,  18J9. 

Division  of  mail 
matter. 


Postal  cards. 


That  mailable  matter  shall  be  divided, into  four  classes : 

First,  written  matter ; 

Second,  periodical  publications; 

Third,  miscellaneous  printed  matter ; 

Fourth,  merchandise. 

Mailable  matter  of  the  first  class  shall  embrace  letters,  postal  cards^ 
and  all  matters  wholly  or  partly  in  writing,  except  as  hereinafter  pro- 
vided. 

3  March,  1879,  ch.  180,  s.  7,  v.  20,  p.  355. 

Postal  cards  shall  be  transmitted  through  the  mails  at  a  postage 
charge  of  one  cent  each,  including  the  cost  of  manufacture ;  and  drop 
letters  shall  be  mailed  at  the  rate  of  two  cents  per  half  ounce  or  frac- 
tion thereof,  including  delivery  at  letter  carrier  offices,  and  one  cent  for 
each  half  ounce  or  fraction  thereof  where  free  delivery  by  carrier  i&. 
not  established.  The  Postmaster-General  may,  however,  provide,  by 
regulation,  for  transmitting  unpaid  and  duly  certified  letters  of  sol- 
diers, sailors,  and  marines  in  the  service  of  the  United  States  to  their 
destination,  to  be  paid  on  delivery. 
Idem,  a.  9. 

Second  class     That  mailable  matter  of  the  second  class  shall  embrace  all  newspapers, 
matter.  ^^id  other  periodical  publications  which  are  issued  at  stated  intervals;,, 

and  as  frequently  as  four  times  a  year  and  are  within  the  conditions 
named  iu  section  twelve  and  fourteen. 

Idem,  8.  10. 


POSTAGE,    MAIL-MATTER,    ETC.  281 

That  mail  Diatter  of  the  third  class  shall  embrace  books,  transient     Third   class, 
newspapers,  and  periodicals,  circulars,  and  other  matter  wholly  in  ijrint  ™3,tter  defined, 
(not  included  in  section  twelve)  [2d  class  matter],  proof  sheets,  cor- 
rected proof  sheets,  and  manuscript  copy  accompanying  the  same,  and 
postage  shall  be  paid  at  the  rate  of  one  cent  for  each  two  ounces  or 
fractional  part  thereof,  and  shall  fully  be  prepaid  by  postage  stamps 
affixed  to  said  matter.     Printed  matter  other  than  books  received  in  Bateof  postage^ 
the  mails  from  foreign  countries  under  the  provisions  of  postal  treaties 
or  conventions  shall  be  free  of  customs  duty,  and  books  which  are  ad- 
mitted to  the  international  mails  exchanged  under  the  provisions  of  the 
Universal  Postal  Union  Convention  may,  av hen  subject  to  customs  duty, 
be  delivered  to  addresses  in  the  United  States  under  such  regulations 
for  the  collection  of  duties  as  may  be  agreed  upon  by  the  Secretary  of 
the  Treasury  and  the  Postmaster-General. 
Idem,  8. 17. 

That  the  term  "circular"  is  defined  to  be  a  printed  letter,  which)  _  "^"'*''*^*^"  ^^ 
according  to  internal  evidence,  is  being  sent  in  identical  terms  to  several     ®  ' 
persons.     A  circular  shall  not  lose  its  character  as  such,  when  the  date 
and  the  name  of  the  address  and  of  the  sender  shall  be  written  therein, 
nor  by  the  correction  of  mere  typographical  errors  in  writing. 
Idem,  8. 18. 

That  *' printed  matter"  within  the  intendment  of  this  act  is  defined  ter'^d^ed™**^ 
to  be  the  reproduction  upon  paper,  by  any  process  except  that  of  hand- 
writing, of  any  words,  letters, characters,  figures,  or  images,  or  of  any 
combination  thereof,  not  having  the  character  of  an  actual  and  personal 
correspondence. 

Idem,  8. 19. 

That  mailable  matter  of  the  fourth  class  shall  embrace  all  matter  not    Fourth  class, 
embraced  in  the  first,  second,  or  third  class,  which  is  not  in  its  form  or  matter, 
nature  liable  to  destroy,  deface,  or  otherwise  damage  the  contents  of 
the  mail  bag,  or  harm  the  person  of  any  one  engaged  in  the  postal 
service,  amris  not  above  the  weight  provided  by  law,  which  is  hereby 
declared  To  be  not  exceeding  four  pounds  for  each  package  thereof,  ex- 
cept in  the  case  of  single  books  weighing  in  excess  of  that  amount, 
and  except  for  books  and  documents  published  or  circulated  by  order 
of  Congress,  or  official  matter  emanating  from  any  of  the  departments 
of  the  government,  or  from  the  Smithsonian  Institution,  or  whichisnot 
declared  non-mailable  *   under  the  provision  of  section  thirty-eight 
hundred  and  ninety-three  of  the  Revised  Statutes,  as  amended  by  the 
act  of  July  twelfth,  eighteen  hundred  and  seventy-six,  or  matter  apper- 
taining to  lotteries,  gift  c<mcerts,  or  fraudulent  schemes  or  devices. 
Idem,  8.  20. 

All  mail-matter  of  the  first  class  upon  which  one  full  rate  of  postage    3  March,  1879. 

has  been  prepaid  shall  be  forwarded  to  its  destination,  charged  with  — 

the  unpaid  rate,  to  be  collected  on  delivery.     *     *     *  age.^  ^'^"    ^ 

3  March,  1879,  s.  26,  eh.  180,  v.  20,  p.  355. 
And  upon  all  matter  of  the  first  class     *      *     *     postage  shall  be  3  March,  1883. 
charged,  on  and  after  the  first  day  of  October  A.  D.  eighteen  hundred  "p^a^-e  on  first 
and  eighty-three  at  the  rate  of  two  cents  for  each  half  ounce  or  frac-  class  matter, 
tion  thereof. 

3  March,  1883,  s.  1,  v.  22,  p.  455. 

DEPARTMENTAL  STAMPS. 

That  the  Secretaries,  respectively,  of  the  Departments  of  State,  of   3  March,  1883. 
the  Treasury,  War,  Navy,  and  of  the  Interior,  and  the  Attorney-Gen-     „  , 

eral,  are  authorized  to  make  requisitions  upon  the  Postmaster-General  o  pr  u  e 
for  the  necessary  amount  of  official  postage-stamps  for  the  use  of  their 
departments,  not  exceeding  the  amount  stated  in  the  estimates  sub- 
mitted to  Congress;  and  upon  presentation  of  proper  vouchers  there- 
for at  the  Treasury,  the  amount  thereof  shall  be  credited  to  the  ap- 
propriation for  the  service  of  the  Post-Office  Department  for  the  same 
fiscal  year. 

3  March,  1883,  chap.  128,  s.  2,  v.  22,  p.  563. 

*  Obscene  books,  pictures,  scurrilous  letters,  &;c. 


282  POSTAGE,    MAIL-MATTE K,    ETC. 

Inclosure  to  And  it  shall  be  the  duty  of  the  respective  departments  to  inclose  to 
^r^^a^^^^  ^^  ^°"^^^^*^^^'  Representatives,  and  Delegates  in  Congress,  in  all  official 
*^^^'"*  communications  requiring  answers,  or  to  be  forwarded  to  others,  pen- 

alty envelopes  addressed  as  far  as  practicable,  for  forwarding  or  an- 
swering such  official  correspondence. 
Idem. 

Notes. — The  Department  stamps  can  be  used  to  prepay  fees  on  registered 
letters.— Op.  Asst.  Att'y  Gen'l,  P.  O.  Dept.,  May  11,  1879. 

Tbey  can  also  be  used  to  pay  return  postage  on  answers  to  communications 
sent  by  Government  officers  to  private  individuals  ;  the  penalty  envelopes  can- 
not be*  so  used. — Ibid. 

Official  correspondence  for  Canada  may  be  sent  in  penalty  envelopes  or  pre- 
paid witli  Department  stamps.  If  sent  to  other  foreign  countries  embraced  in 
the  Universal  Postal  Union,  it  can  bo  prepaid  only  by  means  of  the  ordinary 
postage  stamps.    It  cannot  be  sent  in  tbe  penalty  envelopes. 

Foreign  countries  to  which  official  correspondence  maj'  be  prepaid  with  the 
•  official  postage  stamps  are  such  only  as  are  supplied  with  mails  from  the  United 
States  by  direct  services,  and  not  through  the  intermediary  of  Postal  Union 
countries.  The  following  are  of  that  class :  The  Australian  colonies  (North, 
South,  and  "West  Australia,  New  South  AYales,,  Queensland,  and  Victoria),  Tas- 
mania, New  Zealand,  Chatham,  Fiji,  Samoan,  and  Norfolk  Islands,  via  San 
Francisco ;  Bolivia,  via  Colon  and  Panama ;  North  China  destinations,  via  San 
Francisco,  in  mails  to  the  U.  S.  postal  agent  at  Shanghai.— P oat-Office  Depart- 
ment to  Navy  Department,  1883. 

PENALTY  ENVELOPES. 

Penalty  envel-  That  it  shall  be  lawful  to  transmit  through  the  mail,  free  of  postage, 
*^V^^-  any  letters,  packages,  or  other  matters  relating  exclusively  to  the  bus- 

iness of  the  Government  of  the  United  States :  Provided,  That  every 
Buch  letter  or  package  to  entitle  it  to  pass  free  shall  bear  over  the  words 

Indorsement.  "  Official  business"  an  indorsement  showing  also  the  name  of  the  De- 
partment, and,  if  from  a  bureau  or  office,  the  names  of  the  Depart- 
ment and  bureau  or  office,  as  the  case  may  be,  wheuce  transmitted. 
And  if  any  person  shall  make  use  of  any  such  official  envelope  to  avoid 
the  payment  of  postage  on  his  private  letter,  package,  or  other  matter 
in  the  mail,  the  person  so  oftending  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  subject  to  a  fine  of  three  hundred  dollars,  to  be  prose- 
cuted in  any  court  of  comi)eteut  jurisdiction. 
3  March,  1877,  s.  5,  v.  19,  p.  355. 

Sec.  6.  That  for  the  purpose  of  carrying  this  act  into  effect,  it  shall 
be  the  duty  of  each  of  the  Executive  Departments  of  the  United  States 
to  provide  for  itself  and  its  subordinate  offices  the  necessary  envelopes ; 
and  in  addition  to  the  indorsement  designating  the  Department  ia 
which  they  are  to  be  used,  the  penalty  for  the  unlawful  use  of  these  en- 
velopes shall  be  stated  thereon. 
Idem,  8.  6. 

Use  of  penalty  The  provisions  of  the  above  sections  (act  March  3,  1877)  *'  are  here- 
tended  ^^^  ^^  ^^  extended  to  all  officers  of  the  United  States  Government,  and  made 
applicable  to  all  official  mail-matter  transmitted  between  any  of  the 
officers  of  the  United  States,  or  between  any  such  officer  and  either  of 
the  executive  departments  or  officers  of  the  government,  the  envelopes 
of  such  matter  in  all  cases  to  bear  appropriate  indorsmeuts  containing 
the  proper  designation  of  the  olltice  from  which  the  same  is  transmitted, 
with  a  statement  of  the  penalty  for  their  misuse.  And  the  provisions 
of  said  fifth  and  sixth  sections  are  hereby  likewise  extended  and  made 
applicable  to  all  official  mail-matter  sent  from  the  Smithsonian  Insti- 
tution: Provided,  That  this  act  shall  not  extend  or  apply  to  pension- 

(  agents  or  other  officers  who  receive  a  fixed  allowance  as  compensation 

for  their  services,  including  expenses  for  postage." 

*  #  *f  *•  if  #  » 

3  March,  1879,  s.  2S,  v.  20,  p.  362. 

Notes. — This  section  does  not  impose  upon  the  Executive  Department  at 
"Washington  the  duty  of  furnishing  such  envelopes  to  tbe  various  subordinate 
officers  throughout  the  United  States  who  are  under  their  supervision,  but 
whose  ofbces  are  not  offices  in  tho.^e  Departments,  excepting,  of  course,  cases 
whei'e  that  duty  is  required  by  other  statutory  provisions  than  those  above 
mentioned.— Op.  XVI,  p.  45.5,  January  .30,  1880,  Devens. 

Where  the  envelopes  are  not  furnished  by  the  Departments,  they  may  bo 
prepared  for  their  own  use  by  the  officers  contemplated  in  section  29  of  said  act 
of  March  3.  1879.  The  statute  does  not  require  that  the  penalty,  &c.,  on  such 
envelopes  should  be  printed  rather  than  written. — Ibid. 

The  indorsements  on  the  penalty  envelopes  may  be  printed,  written,  or  im- 
pressed by  stamp. — Op.  Assistant  'Attorney-General,  P.  O.  Department,  April 
21,  1879. 


I 


POSTAGE,    MAIL-MATTER,    ETC.  283 

The  penalty  envelopes  cannot  be  proj>eily  used  l),v  ollioers  in  replxing  to  a 
postmaster  on  niatteis  not  oHioial ;  for  instance,  when  a  postmaster  notifies 
«ai(l  officer  of  private  mail  matter  bein;;  in  the  office,  which  will  be  sent  to  him 
on  the  leturn  of  the  requisite  postage,  the  officer  cauuot  use  the  penalty  stamp 
in  making  his  reply.— Post-Office  ruling:. 

Officers  of  the  Navy,  wlio  have  no  "office,"  in  the  sense  that  terra  is  generally 
•  used,  can  send  official  mail  matter,  free  of  postage,  between  themselves,  or  to 
the  Executive  Departments,  by  using  envelopes  bearing  tbe  indorsement  ''of- 
ficial business,"  with  their  signature  and  rank,  and  a  statement  of  the  penalty 
for  their  misuse — the  indorsements  to  be  printed,  or  impressed  by  a  stamj),  or 
written.— Op.  Assistant  Attorney-General,  P.  O.  D.,  April  20,  1879. 

The  29th  section  of  the  act  of  March  3,  1879  (Postal  Laws  and  Regulations, 
section  2.51),  extending  to  all  otlicers  of  the  United  States  Government  the  pro- 
visions of  the  section.4  numbered  249  and  250.  Postal  Laws  and  Regulatbms,  for 
the  transmission  of  ofhcial  mail  matter,  reijuires  all  officers  who  are  not  depart- 
mental in  their  character  to  use  envelopes  which  bear  the  appropriate  iudorse- 
inents,  containing  the  name  of  tl  e  office  from  which  the  same  are  transmitted, 
with  a  statement  of  the  penalty  for  their  misuse ;  and  the  use  of  the  enve^pes 
must  be  absolutely  restricted  to  official  mail  matter  transmitted  between  officers 
•of  the  United  Sta'^tes,  or  between  any  such  officer  and  either  of  the  Executive 
Departments  or  officers  of  the  Government.  The  signature  of  the  officer  and 
bis  official  title  is  not  a  compliance  with  the  law ;  the  name  of  the  office  from 
which  they  are  transmitted  must  also  be  given  on  the  envelope.— Rule  604,  Post- 
Office  Guide,  January,  1883. 

Ofticial  communications  may  be  sent  by  officers  of  the  Government  under 
cover  of  the  penalty  envelope  to  private  inaividuals  ;  but  such  envelopes  cannot 
be  inclosed  for  the  purpose  of  eliciting  a  rejdy. — Rule  606,  Idem. 

LETTER-SHEET  ENVELOPE — DOUBLE  POSTAL  CARDS. 

That  the  Postmaster-General  is  hereby  authorized  to  take  the  nee-     Letter-sheet 
essary  steps  to  introduce  and  furnish  for  public  use  a  letter-sheet  ©Q- b^JposUlc^ds! 
velope,  on  which  postage-stamps  of  the  denominations  now  in  use  on 
ordinary  envelopes  shall   be  placed.     And  the  Postmaster-General   is 
.also  authorized  to  introduce  and  furnish  for  public  use  a  double  postal 
card,    on   which  shall  be  placed  two  one-cent  stamps,  and  said  card 
to  be  so  arranged  for  the  address  that  it  may  be  forwarded  and  re- 
turned,   said  cards  to  be   sold  for  two  cents  apiece;    and  also  to  in- 
troduce and  furnish  for  public  use  a  double-letter  euveloi)e,  on  which 
stamps  of  the  denominations  now  in  use  may  be  placed,  and  with  the 
iirrangement  for  the  address  similar  to  the  double  postal  card;  said 
letter-sheet  and  double  postal  card  and  double  envelope  to  be  issued 
under  such  regulations  as  the  Posmaster-General  may  i^rescribe. 
3  March,  1879,  s.  32,  v.  20,  p.  362. 


MONEY  ORDERS. 


Sec. 

4033.  Blank  applications  for  orders. 

403.5.  Notice  of  orders  drawn  to  be  sent. 

4036.  Orders  to  be  good  for  one  year. 

4037.  Indorsement  of  orders. 


Sec. 

4038.  Changes  and  modification  of  orders. 

4039.  Repayment  of  orders. 

4040.  Replacing  lo.st  orders. 

Change  in  fees  for  money-orders. 


Sec.  4033.  The  Postmaster-General  shall  supply  money-order  offices  Title 40,  Ch.  13. 
with  blank  forms  of  ai)plication  for  money -orders,  which  each  applicant     Blank  applioa- 
fihall  fill  up  with  his  name,  the  name  autl  address  of  the  party  to  whom  tions  for  orders, 
the  order  is  to  be  paid,  the  amount  and  the  date  of  the  application ;  and 
all  such  applications  shall  be  j^reseived  by  the  postmaster  receiving 
them  for  such  time  as  the  Postmaster-General  may  prescribe. 
8  June,  1872,  s.  107,  v.  17,  p.  298. 

Sec.  4034.  The  Po.stmaster-General  shall  furnish  money-order  offices     Orders  to  be  on 
with  printed  or  engraved  forms  for  money-orders,  and  no  order  shall  be  printed  blanks, 
valid  unless  it  be  drawn  upon  such  form.  « 

Ibid.,  109. 

Sec.  4035.  The  postmaster  issuing  a  money  order  shall  send  a  notice    Not  ice  of  orders 
thereof  by  mail,  without  delay,  to  the  postmaster  on  whom  it  is  drawn,  drawn  to  be  sent. 
Ibid.,  s.  110. 

Sec.  4036.    No  money-order  shall  be  valid  and  payable  unless  pre-  Order  to  be  good 
eented  to  tlie  postmaster  on  whom  it  is  drawn  within  one  year  after  its  for  one  year, 
date;  but  the  Poh-tmaster-General,  on  the  application  of  tlie  remitter  or 
payee  of  any  such  order,  may  cause  a  new  order  to  be  issued  in  lieu 
thereof. 

Ibid.,  8.  111. 

Sec.  4037.  The  ])ayee  of  a  money-order  may,  by  his  written  indorse-     Indorsemontof 
meut  thereon,  direct  it  to  be  paid  to  atiy  other  person,  and  the  post-  orders, 
master  on  whom  it  is  drawn  shall  pay  the  same  to  the  person  thiis  desig- 


284  POSTAGE,    MAIL-MATTER,    ETC. 

nated,  provided  he  shall  furnish  such  proof  as  the  Postmaster-General 
may  prescribe  that  the  indorsement  is  genuine,  and  that  he  is  the  person 
empowered  to  receive  payment;  but  more  than  one  indorsement  shall 
render  an  order  invalid  and  not  payable,  and  the  holder,  to  obtain  pay- 
ment, must  apply  in  -writing  to  the  Postmaster  General  for  a  new  order 
in  lieu  thereof,  returning  the  original  order,  and  making  such  proof  of 
the  genuineness  of  the  indorsements  as  the  Postmaster-General  may 
require. 

Ibid.,  8. 112. 

18  Feb.,  1875,  v.  18,  p.  320. 

Changes  and  Sec.  4038.  After  a  money-order  has  been  issued,  if  the  purchaser  de- 
modification  ofgires  to  have  it  modified  or  changed,  the  postmaster  who  issued  the 
^^  ®^^'  order  shall  take  it  back  and  issue  another  in  lieu  of  it,  for  which  a  new 

fee  shall  be  exacted. 

8  June,  1872,  a.  1 13,  v.  17,  p.  298. 

Repayment  of  Sec.  4039.  The  postmaster  issuing  a  money-order  shall  repay  the 
orders.  amount  of  it  upon  the  application  of  the  person  who  obtained  it,  and 

the  return  of  the  order;  but  the  fee  paid  for  it  shall  not  be  returned. 
Ibid.,  8. 114. 

Eeplacing  lost  Sec.  4040.  Whenever  a  money-order  has  been  lost,  the  Postmaster- 
orders.  General,  upon  the  application  of  the  remitter  or  payee  of  such  order,  may 
cause  a  duplicate  thereof  to  be  issued,  without  charge,  providing  the 
party  losing  the  original  shall  furnish  a  certificate  from  the  postmaster 
by  whom  it  was  payable  that  it  has  not  been,  and  will  not  thereafter  be, 
paid ;  and  a  similar  certificate  from  the  postmaster  by  whom  it  was 
issued  that  it  has  not  been,  and  will  not  thereafter  be,  repaid. 
Ibid.,  8. 115. 

2  March,  1883.        That  for  the  transmission  of  small  sums  under  five  dollars  through  the 

mails  the  Postmaster-General  may  authorize  postmasters  at  money-order 

Postal  not«8.  offices  to  issue  money-orders,  without  corresponding  advices,  on  an  en- 
graved form  .to  be  prescribed  and  furnished  by  him;  and  a  money-order 
issued  on  such  new  form  shall  be  designated  and  known  as  a  "postal 
note,"  and  a  fee  of  three  cents  shall  be  charged  for  the  issue  thereof. 
Every  postmaster  who  shall  issue  a  postal  note,  under  the  authority  of 
the  Postmaster-General,  shall  make  the  same  payable  to  bearer,  when 
duly  receipted,  at  any  money-order  office  which  the  remitter  thereof  may 
select,  and  a  postal  note  shall  in  like  manner  be  payable  to  bearer  when 
presented  at  the  office  of  issue;  and  after  a  postal  note  has  once  been 
paid,  to  whomsoever  it  has  been  paid,  the  United  States  shall  not  be 
liable  for  any  further  claim  for  the  amount  thereof;  but  a  postal  note 
shall  become  invalid  and  not  payable  upon  the  expiration  of  three  cal- 
ender months  from  the  last  day  of  the  month  during  which  the  same 
was  issued;  and  the  holder,  to  obtain  the  amount  of  an  invalid  postal 
note,  must  forward  it  to  the  superintendent  of  the  money-order  system 
at  Washington,  District  of  Columbia,  together  with  an  application,  in 
such  manner  and  form  as  the  P(»stmaster-General  may  prescribe,  for  a 
duplicate  thereof,  payable  to  such  holder;  and  an  additional  fee  of  three 
cents  shall  be  charged  and  exacted  for  the  issue  of  the  duplicate. 
3  March,  1883,  chap.  123,  s.  1,  v.  22,  p.  526. 

Money-order  That  a  money-order  shall  not  be  issued  for  more  than  one  hundred 
rates.  dollars,  and  that  the  fees  for  money-orders  shall  be  as  follows,  to  wit: 

For  orders  not  exceeding  ten  dollars,  eight  cents. 

For  orders  exceeding  ten  dollars  and  not  exceeding  fifteen  dollars,  ten 
cents. 

For  orders  exceeding  fifteen  dollars  and  not  exceeding  thirty  dollars, 
fifteen  cents. 

For  orders  exceeding  thirty  dollars  and  not  exceeding  forty  dollars, 
twenty  cents. 

For  orders  exceeding  forty  dollars  and  not  exceeding  fifty  dollars, 
twenty-five  cents. 

For  orders  exceeding  fifty  dollars  and  not  exceeding  sixty  dollars, 
thirty  cents. 

For  orders  exceeding  sixty  dollars  and  not  exceeding  seventy  dollars, 
thirty-five  cents. 

For  orders  exceeding  seventy  dollars  and  not  exceeding  eighty  dollar  s 
forty  cents. 


I 


PRIZE. 


285 


For  orders  exceeding  eighty  dollars  and  not  exceeding  one  hundred 
dollars,  forty-five  cents. 
Idem,  8.  3. 

But  nothing  contained  in  this  act  shall  be  so  construed  as  to  prevent  Duplicate  issues, 
the  payment,  out  of  current  money-order  funds,  by  duplicate  issued 
under  the  authority  of  the  Postmaster-General,  of  any  lost  or  invalid 
money-order  or  of  any  invalid  postal  note  more  than  seven  years  old, 
upon  the  presentation  of  satisfactory  proof  to  the  Postmaster-General  ^ 

of  the  ownership  of  such  money-order  or  upon  the  production  of  such 
invalid  postal  note  in  accordance  with  the  provisions  of  section  one  of 
this  act.     *        »        * 

Idem,  8.  5.    . 

PEIZE. 


Sec. 

4613.  Application  of  provisions  of  Title. 

4614.  What  are  "  vessels  of  the  Navy." 

4615.  Duties  of  commanding  officer  upon  making 

captures. 

4616.  Statement  of  claim  to  share  in  prize. 

4617.  Duties  of  prize-master. 

4621.  Appointment  of  prize-commissioners. 

4622.  Duties  of  prize-commissioners. 

4624.  Appraisal,  &c.,  of  property  taken  for  Grov- 
erument. 
i    625.  Proceedings  for  adjudication  where  property 
is  not  sent  in. 

4626.  Delivery  of  property  on  stipulation. 

4627.  When  property  may  be  sold. 

4628.  Mode  of  making  sale. 


Sec. 

4630.  Share  of  captors. 

4631.  Distribution  of  proceeds  to  captors. 

4632.  What  vessels  are  entitled  to  share. 

4633.  What  officers  are  entitled  to  share. 

4634.  Determination  of  shares. 

4635.  Bounty  for  persons  on  board  vessels  sunk  or 

destroyed. 

4639.  Costs  and  expenses. 

4640.  Payment  of  expenses  from  prize-fund. 

4641.  Payment  of  prize-money. 

4642.  Distribution  of  bounty,  salvage,  &c. 

4643.  Assignments,  &.c. ,  of  prize-money  and  bounty, 
4652.  Recaptures. 

5310.  Property  taken  on  inland  waters. 

5441.  Delaying  or  defrauding  captor  or  claimant* 


Sec.  4613.  The  provisions  of  this  Title  shall  apply  to  all  captures  made        Title  54. 
as  prize  by  authority  of  the  United  States,  or  adopted  and  ratified  by  the     AppUcation  of 
President  of  the  United  States.  provisions  of 

30  June,  s.  33,  v.  13,  p.  315.  'J^itle. 

Sec.  4614.  'The  term  ^^  vessels  of  the  Navy,"  as  used  in  this  Title,  shall  What  are  ves- 
include  all  armed  vessels  officered  and  manned  by  the  United  States,  and  ^^^^  of  the  Navy, 
under  the  control  of  the  Department  of  the  Navy. 

Ibid.,  s.  32. 

Sec.  4615.  The  commanding  officer  of  any  vessel  making  a  capture  Duties  of  corn- 
shall  secure  the  documents  of  the  ship  and  cargo,  including  the  log-book,  naand  i  n  g  officer 
with  all  other  documents,  letters,  and  other  papers  found  on  board,  and  ^Ponmakmgcap. 
make  an  inventory  of  the  same,  and  seal  them  up,  and  send  them,  with 
the  inventory,  to  the  court  in  which  proceedings  are  to  be  had,  with  a 
written  statement  that  they  are  all  the  papers  found,  and  are  in  the  con- 
dition in  which  they  were  found;  or  explaining  the  absence  of  any  doc- 
uments or  papers,  or  any  change  in  their  condition.  He  shall  also  send 
to  such  court,  as  witnesses,  the  master,  one  or  more  of  the  other  officers, 
the  supercargo,  purser,  or  agent  of  the  prize,  and  any  person  found  on 
board  whom  he  may  suppose  to  be  interested  in,  or  to  have  knowledge 
respecting,  the  title,  national  character,  or  destination  of  the  prize.  He 
shall  send  the  prize,  with  the  documents,  papers,  and  witnesses,  under 
charge  of  a  competent  prize-master  and  prize-crew,  into  port  for  adjudi- 
cation, explaining  the  absence  of  any  usual  witnesses;  and  in  the  ab- 
sence of  instructions  from  superior  authority  as  to  the  port  to  which  it 
shall  be  sent,  he  shall  select  such  port  as  he  shall  deem  most  convenient, 
in  view  of  the  interests  of  probable  claimants,  as  well  as  of  the  captors. 
If,  the  captured  vessel,  or  any  part  of  the  captured  property,  is  not  in 
condition  to  be  sent  in  for  adjudication,  a  survey  shall  be  had  thereon 
and  an  appraisement  made  by  persons  as  competent  and  impartial  as 
can  be  obtained,  and  their  reports  shall  be  sent  to  the  court  in  which 
proceedings  are  to  be  had;  and  such  property,  unless  appropriated  for 
the  use  of  the  Government,  shall  be  sold  by  the  authority  of  the  com- 
manding officer  present,  and  the  proceeds  deposited  with  the  assistant 
treasurer  of  the  IJnited  States  most  accessible  to  such  court,  and  subject 
to  its  order  in  the  cause.  [See  $  1624,  Art.  15,  page  12.  ] 
I6id.,s.  l,p.  306. 

Sec.  4616.  If  any  vessel  of  the  United  States  shall  claim  to  share  in  a  statement  of 
prize,  either  as  having  made  the  capture,  or  as  having  been  within  signal  claim  to  share  in 
•distance  of  the  vessel  or  vessels  making  the  capture,  the  commanding  prize. 


286  PRIZE. 

officer  of  such  vessel  shall  make  out  a  written  statement  of  his  claim, 
with  the  grounds  on  which  it  is  founded,  the  principal  facts  tending 
to  show  what  vessels  made  the  capture,  and  what  vessels  were  within 
signal  distance  of  those  making  the  capture,  with  reasonable  particu- 
larity as  to  times,  distances,  localities,  and  signals  made,  seen,  or  an- 
swered ;  and  such  statement  of  claim  shall  be  signed  by  him  and  sent 
to  the  court  iu  which  jjroceedings  shall  be  had,  and  shall  be  filed  in 
the  cause. 

Ibid.,  s.  2,  p.  307. 

Duties  of  prize-     ^EC.  4617.  The  prize-master  shall  make  his  way  diligently  to  the 
master.  selected  port,  and  there  immediately  deliver  to  a  prize-commissioner 

the  documents  and  papers,  and  the  inventory  thereof,  and  make  affi- 
davit that  they  are  the  same,  and  are  in  the  same  condition  as  delivered 
to  him,  or  explaining  any  absence  or  change  of  condition  therein,  and 
that  the  prize-property  is  in  the  same  condition  as  delivered  to  him,  or 
explaining  any  loss  or  damage  thereto  ;  and  he  shall  further  report  to 
the  district  attorney  and  give  to  him  all  the  information  in  his  posses- 
sion respecting  the  prize  and  her  capture ;  and  he  shall  deliver  over 
the  persons  sent  as  witnesses  to  the  custody  of  the  marshal,  and  shall 
retain  the  prize  in  his  custody  until  it  shall  be  taken  therefrom  by 
process  from  the  prize-court.  [See  $  5441.] 
Ibid.,  s.  3. 

[Sees.  4618-19-20  relates  to  libels,  duties  of  district  attorneys,  &c.] 
Appointment      Sec.  4621.  Any  district  court  may  appoint  prize-commis  oners,  not 
of  pnze-commis-  exceeding  three  in  number;  of  whom  one  shall  be  a  retired  naval  ofiScery 
sioners.  approved  by  the  Secretary  of  the  Navy,  who  shall  receive  no  other 

compensation  than  his  pay  in  the  Navj^,  and  who  shall  protect  the  in- 
terests of  the  captors  and  of  the  Department  of  the  Navy  in  the  prize- 
property  ;  and  at  least  one  of  the  others  shall  be  a  member  of  the  bar 
of  the  court,  of  not  less  than  three  years'  standing,  and  acquainted  with 
the  taking  of  depositions. 

30  June,  1864,  s.  5,  v.  13,  p.  307. 

Duties  of  prize-  Sec.  4622.  The  prize-commissioners,  or  one  of  them,  shall  receive  from 
commissioners,  the  prize-master  the  documents  and  papers,  and  inventory  thereof,  and 
shall  take  the  affidavit  of  the  prize-master  required  by  section  forty-six 
hundred  and  seventeen,  and  shall  forthwith  take  the  testimony  of  the 
witnesses  sent  in,  separate  from  each  other,  on  interrogatories  prescribed 
by  the  court,  in  the  manner  usual  in  prize-courts ;  and  the  witnesses 
shall  not  be  permitted  to  see  the  interrogatories,  documents,  or  papers, 
or  to  consult  with  counsel,  or  with  any  persons  interested,  without 
special  authority  from  the  court ;  and  witnesses  who  have  the  rights  of 
neutrals  shall  be  discharged  as  soon  as  practicable.  The  prize-commis- 
sioners shall  also  take  depositions  de  bene  esse  of  the  prize-crew  and 
others,  at  the  request  of  the  district  attorney,  on  interrogatories  pre- 
scribed by  the  court.  They  shall  also,  as  soon  as  any  prize-property 
comes  within  the  district  for  adjudication,  examine  the  same,  and  make 
an  inventory  thereof,  founded  on  an  actual  examination,  and  report  to 
the  court  whether  any  part  of  it  is  in  a  condition  requiring  immediate 
sale  for  the  interests  of  all  parties,  and  notify  the  district  attorney 
thereof;  and  if  it  be  necessary  to  the  examination  or  making  of  the 
inventory  that  the  cargo  be  unladen,  they  shall  apply  to  the  court  for 
an  order  to  the  marshal  to  unlade  the  same,  and  shall,  from  time  to 
time,  report  to  the  court  anything  relating  to  the  condition  of  the 
property,  or  its  custodj  or  disposal,  which  may  require  any  action  by 
the  court,  but  the  custody  of  the  property  shall  be  in  the  marshal  orjly. 
They  shall  also  seasonably  return  into  court,  sealed  and  secured  from 
inspection,  the  documents  and  papers  which  shall  come  to  their  hands, 
duly  scheduled  and  numbered,  and  the  other  preparatory  evidence, 
and  the  evidence  taken  de  bene  esse,  and  their  own  inventory  of  the 
prize-property ;  and  if  the  captured  vessel,  or  any  of  its  cargo  or  stores, 
are  such  as  in  their  judgment  may  be  useful  to  the  United  States  in 
war,  they  shall  report  the  same  to  the  Secretary  of  the  Navy.  [See 
$  5441.] 

I6irf.,  8.  6,p.  308. 

[Sec.  4623  defines  the  duty  of  the  marshal.] 
Appraisal,  &c.,      Sec.  4624.  Whenever  any  captured  vessel,  arms,  munitions,  or  other 
of  property  taken  material  are  taken  for  the  use  of  the  United  States  before  it  comes  into 
for  Government,  ^j^q  custody  of  the  prize  court,  it  shall  be  surveyed,  appraised,  and  in- 


I 


PRIZE.  287 

ventoried,  by  persons  as  competent  and  impartial  as  can  be  obtained, 
and  tbe  survey,  appraisement,  and  in  ventoryshall  be  sent  to  the  court 
in  which  proceedings  are  to  be  had  ;  and  if  taken  afterward,  sufficient 
notice  shall  first  be  given  to  enable  the  court  to  have  the  property  ap- 
praised for  the  protection  of  the  rights  of  the  claimants  and  captors. 
In  all  cases  of  x)rize-property  taken  for  or  appropriated  to  the  use  of  the 
Government,  the  Department  for  whose  use  it  is  taken  or  appropriated 
shall  deposit  the  value  thereof  with  the  assistant  treasurer  of  the  United 
States  nearest  to  the  place  of  the  session  of  the  court,  subject  to  the 
order  of  the  court  in  the  cause. 
Ibid.,  s.  27,  p.  314. 

Sec.  46*25.  If  by  reason  of  the  condition  of  the  captured  property,  or  Proceedings  for 
if  because  the  whole  has  been  appropriated  to  the  use  of  the  United ^^j'ldicat  ion 
States,  no  part  of  it  has  been  or  can  be  sent  in  for  adjudication,  or  if  Jot  s|^Un  ^^* 
the  property  has  been  entirely  lost  or  destroyed,  proceedings  for  adjudi- 
cation may  be  commenced  in  any  district  the  Secretary  of  the  Navy  may 
designate;  and  in  any  such  case  the  proceeds  of  anything  sold,  or  the 
value  of  anything  taken  or  appropriated  for  the  use  of  the  United  States, 
shall  be  deposited  with  the  assistant  treasurer  in  or  nearest  to  that  dis- 
trict, subject  to  ihe  order  of  the  court  in  the  cause.  If,  when  no  prop- 
erty can  be  sent  in  for  adjudication,  the  Secretary  of  the  Navy  shall 
not,  within  three  months  after  any  capture,  designate  a  district  for  the 
institution  of  proceedings,  the  captors  may  institute  proceedings  for  ad- 
judication in  any  district.  And  if  in  any  case  of  capture  no  proceedings 
for  adjudication  are  commenced  within  a  reasonable  time,  any  parties 
claiming  the  captured  property  may,  in  any  district  court  as  a  court  of 
prize,  move  for  a  monition  to  show  cause  why  such  proceedings  shall 
not  be  commenced,  or  institute  an  original  suit  in  such  court  for  resti- 
tution, and  the  monition  issued  in  either  case  shall  be  served  on  the 
attorney  of  the  United  States  for  the  district,  and  on  the  Secretary  of 
the  Navy,  as  well  as  on  such  other  persons  as  the  court  shall  order  to 
be  notified. 

Ibid,,  B.  28. 

Sec.  4626.  No  prize-property  shall  be  delivered  to  the  claimants  on  Delivery  of 
stipulation,  deposit,  or  other  security,  except  where  there  has  been  a  ^[aSon*^  ^^  ^*^^' 
decree  of  restitution  and  the  captors  have  ajipealed  therefrom,  or  where 
the  court,  after  a  full  hearing  on  the  preparatory  proofs,  has  refused 
to  condemn  the  property  on  those  proofs,  and  has  given  the  captors  leave 
to  take  further  proofs,  or  where  the  claimant  of  any  property  shall  sat- 
isfy the  court  that  the  same  has  a  peculiar  and  intrinsic  value  to  him, 
independent  of  its  market-value.  In  any  of  these  cases,  the  court  may 
deliver  the  property  on  stipulation  or  deposit  of  its  value,  if  satis- 
fied that  the  rights  and  interests  of  the  United  States  and  captors,  or 
of  other  claimants,  will  not  be  prejudiced  thereby  ;  but  a  satisfactory 
appraisement  shall  be  first  made,  and  an  opportunity  given  to  the  dis- 
trict attorney  and  naval  prize-commissoner  to  be  heard  as  to  the  appoint- 
ment of  appraisers.  Any  money  deposited  in  lieu  of  stipulation,  and  all 
money  collected  on  a  stipulation,  not  being  costs,  shall  be  deposited  with 
the  assistant  treasurer,  in  the  same  manner  as  proceeds  of  a  sale. 

Ibid.,  s.  26,  j>.  313.  ' 

Sec.  4627.  Whenever  any  prize-property  is  condemned,  or  at  any  stage    When  property 
of  the  proceedings  is  found  by  the  court  to  be  perishing,  perishable,  or  ™^y  ^^  sold, 
liable  to  deteriorate  or  depreciate,  or  whenever  the  costs  of  keeping  the 
same  are  disproportionate  to  its  value,  the  court  shall  order  a  sale  of 
such  property;  and  whenever,  after  the  return- day  on  the  libel,  all  the 
parties  in  the  interest  who  have  appeared  in  the  cause  agree  thereto,  the 
court  may  make  such  order  ;  and  no  appeal  shall  operate  to  prevent  the 
making  or  execution  of  such  order. 
Ibid.,  s.  8,  p.  308. 

Sec.  4628.  Upon  a  sale  of  any  prize-property  by  order  of  the  court.  Mode  of  making 
the  Secretary  of  the  Navy  shall  employ  an  auctioneer  of  known  skill  sale, 
in  the  branch  of  business  to  which  any  sale  pertains,  to  make  the  sale, 
but  the  sale  shall  be  conducted  under  the  supervision  of  the  marshal, 
and  the  collecting  and  depositing  of  the  gross  proceeds  shall  be  by  the 
auctioneer  or  his  agent.  Before  any  sale  the  marshal  shall  cause  full 
catalogues  and  schedules  to  be  prepared  and  circulated,  and  a  copy  of 
each  shall  be  returned  by  the  marshal  to  the  court  in  each  cause.     The 


.288  PRIZE.   ' 

marshal  shall  cause  all  sales  to  be  advertised  fully  and  couspicuously 
in  newspapers  ordered  by  the  court,  and  by  posters,  and  he  shall,  at 
least  five  days  before  the  sale,  serve  notice  thereof  upon  the  naval  prize 
commissioner,  and  the  goods  shall  be  open  to  inspection  at  least  three 
days  before  the  sale. 
Ihid. 

[Sec.  46'29  authorizes  transfer  of  property  to  another  district  forsale.] 
•Share  of  captors.  Sec.  4630.  The  net  proceeds  of  all  property  condemned  as  prize,  shall, 
when  the  prize  was  of  superior  or  equal  force  to  the  vessel  or  vessels 
making  the  capture,  be  decreed  to  the  captors;  and  when  of  inferior 
force,  one-half  shall  be  decreed  to  the  United  States  and  the  other  half 
to  the  captors,  except  that  in  case  of  privateers  and  letters  of  marque, 
the  whole  shall  be  decreed  to  the  captors,  unless  it  shall  be  otherwise 
provided  in  the  commissions  issued  to  such  vessels.  [See  $$  4752, 4759, 
Pensions.] 

Ihid.,  8. 10,  p.  309, 

Distribution  of     ^EC.  4631.  All  prize-money  adjudged  to  the  captors  shall  be  distrib- 
mroceeds  to  cap-  uted  in  the  following  proportions : 

iore.  First.  To  the  commanding  officer  of  a  fleet  or  squadron,  one-twentieth 

part  of  all  prize-money  awarded  to  any  vessel  or  vessels  under  his  im- 
mediate command. 

Second.  To  thecomniandingofficerof  a  division  of  a  fleet  or  squadron, 
on  duty  under  the  orders  of  the  commander-in-chief  of  such  fleet  or 
squadron,  a  sum  equal  to  one-fiftieth  part  of  any  prize-money  awarded 
to  a  vessel  of  such  division  for  a  capture  made  while  under  his  command, 
such  fiftieth  part  to  be  deducted  from  the  moiety  due  to  the  United 
States,  if  there  be  such  moiety,  otherwise  from  the  amount  awarded  to 
the  captors ;  but  such  fiftieth  part  shall  not  be  in  addition  to  any  share 
which  may  be  due  to  the  commander  of  the  division,  and  which  he  may 
elect  to  receive,  as  commander  of  a  single  ship  making  or  assisting  in 
the  capture.* 

Third.  To  the  fleet  captain,  one-hundredth  part  of  all  prize-money 
awarded  to  any  vessel  or  vessels  of  the  fleet  or  squadron  in  which  he  is 
serving,  except  in  a  case  where  the  capture  is  made  by  the  vessel  on 
board  of  which  he  is  serving  at  the  time  of  such  capture ;  and  in  such 
case  he  shall  share,  in  proportion  to  his  pay,  with  the  other  officers  and 
men  on  board  such  vessel.  * 

Fourth.  To  the  commander  of  a  single  vessel,  one-tenth  part  of  all 
the  prize-money  awarded  to  the  vessel  under  his  command,  if  such  ves- 
sel at  the  time  of  the  capture  was  under  the  command  of  the  command- 
ing officer  of  a  fleet  or  squadron,  or  a  division,  and  three-twentieths  if 
his  vessel  was  acting  independently  of  such  superior  officer. 

Fifth.  After  the  foregoing  deductions,  the  residue  shall  be  distributed 
-and  proportioned  among  all  others  doing  duty  on  board,  including  the 
fleet-captain,  and  borne  upon  the  books  of  the  ship,  in  proportion  to 
their  respective  rates  of  pay  in  the  service. 

Ihid.,  8. 10,  p.  309. 

8  June,  1874,  chap.  256,  v.  18,  p.  63. 

Notes. — The  rate  of  pay  which  the  officer  was  in  receipt  of  at  the  time  the 
capture  was  made  isthe  measure  of  his  allowance  out  of  the  proceeds;  not 
the  increased  pay  resulting  from  his  promotion  afterwards.  Immaterial  if 
his  promotion  gave  him  a  title  to  the  increased  pay  from  and  including  the  date 
of  capture.  A  commander  of  a  single  ship  is  limited  to  one-tenth,  although 
the  amount  would  exceed  that  if  paid  according  to  his  rank.  It  is  the  same  if 
he  was  entitled  to  three-twentieths. — Op.  XV,  64,  Dec.  10, 1875,  Pierrepont.  Al- 
bemarle case.    But  see  Op.  XtV,  365,  post. 

Prize  is  distributed  according  to  the  law  existing  at  the  date  or  time  of  the 
capture.  The  law  regulating  the  distribution  of  prize-money  is  a  conditional 
grant  by  Congress ;  as  soon  as  the  conditions  are  fulfilled  the  grant  becomes  ab- 
solute.—Op.  XI,  102,  Sept.  30, 1864,  Bates. 

An  officer  commissioned  to  a  higher  grade,  prior  to  a  capture,  although  from 
delay  or  other  causes  the  promotion  had  not  reached  him  at  the  time,  and  he 
was  on  the  prize-list  in  the  lower  capacity,  is  entitled  to  share  in  the  higher 
grade  if  in  the  performance  of  the  duties  thereof.  If  he  was  entitled  to  pay  in 
the  higher  grade,  he  was  entitled  to  share  accordingly  in  the  prize. — Op.  XIV, 
365,  Feb.  6,  1874,  Williams.    See  also  XIII,  413. 

*  An  act  of  June  8,  1874,  chap.  256,  v.  18,  p.  63,  provided  that  paragraphs  2  and  3 
should  apply  to  officers  serving  as  commanders  of  divisions  and  fleet  captains  from 
April,  1861,  and  that  their  shares  should  be  paid  in  the  same  manner  as  provided  for 
■division  commanders  in  said  paragraphs — the  payments  to  be  made  out  of  the  Naval 
Pension  Fund. 


PRIZE.  289 

An  officer  who  usurps  command  of  a  vessel  cannot  claim  a  share  in  prizes 
captured.  "Commandiug  officer  means  an  officer  legally  in  command."  In  the 
construction  of  the  prize  act  in  England,  the  court  held  tliat  the  words  "on 
board  "  meant  only  such  persons  as  belonged  to  the  vessel,  and  that  being  cor- 
poreally on  board  was  not  sufficient.— Op.  XI,  p.  147,  Jan.  19, 1865,  Speed. 

An  officer  absent  from  his  command,  for  the  purpose  of  attending  to  his  pri- 
vate aftairs.  is  not  entitled  to  share  in  prizes  captured  during  his  absence.  Al- 
though he  may  have  attended  to  a  certain  piece  of  business  while  absent,  or  by 
the  orders  of  a  superior  of  the  command,  not  having  been  detailed  for  that  busi- 
ness and  it  not  appearing  that  the  detail  of  an  otfacer  from  the  fleet  to  attend 
to  it  was  necessary,  he  is  not  entitled  to  share. — Op.  XI,  p.  327,  Aug.  24, 1865, 
Speed.     Temple's  case. 

Sec.  4632.  All  vessels  of  the  Navy  within  signal-distance  of  the  vessel  "What  vessels 
or  vessels  making  the  capture,  under  such  circumstances  and  in  such  g^are^"*^*^^^  ^ 
condition  as  to  be  able  to  render  effective  aid,  if  required,  shall  share  in 
the  prize ;  and  in  case  of  vessels  not  of  the  Navy,  none  shall  be  entitled 
to  share  except  the  vessel  or  vessels  making  the  capture;  in  which  term 
shall  be  included  vessels  present  at  and  rendering  actual  assistance  in 
the  capture. 

30  June,  1864,  s.  10,  v.  13,  p.  309. 

Sec.  4633.  No  commandiug  officer  of  a  fleet  or  squadron  shall  be  en-     ^^Tiat    officers 
titled  to  receive  any  share  of  prizes  captured  by  any  vessel  or  vessels  g^areT  ^ 
not  under  his  command,  nor  of  such  prizes  as  may  have  been  captured 
by  any  vessels  intended  to  be  placed  under  his  command,  before  they 
have  acted  under  his  orders.     Nor  shall  the  commanding  officer  of  a 
fleet  or  squadron,  leaving  the  station  where  he  had  command,  have  any 
share  in  the  prizes  taken  by  ships  left  on  such  station  after  he  has  gone 
out  of  the  limits  of  his  command,  nor  after  he  has  transferred  his  com- 
mand to  his  successor.     No  officer  or  other  person  who  shall  have  been 
temporarily  absent  on  duty  from  a  vessel  on  the  books  of  which  he  con- 
tinued to  be  borne,  while  so  absent,  shall  be  deprived,  in  consequence 
of  such  absence,  of  any  prize  money  to  which  he  would  otherwise  be 
entitled.     And  he  shall  continue  to  share  in  the  captures  of  the  vessels 
to  which  he  is  attached,  uutil  regularly  discharged  therefrom. 
Ibid. 

Notes. — A  commander  of  a  squadron  is  not  entitled  to  share  in  prizes  taken 
by  a  vessel  thereof,  after  he  had  transferred  the  command  to  his  successor,  al- 
though the  captures  were  made  in  pursuance  of  instructions  issued  by  him  be- 
fore the  transfer. — Op.  X,  p.  9,  March  4,  1864,  Bates.    Wilkes's  claim. 

A  flag  officer  of  a  squadron  is  not  entitled  to  the  share  of  prize-money  accru- 
ing to  the  captain  of  his  flag  ship  from  captures  made  by  that  ship  while  her 
captain  was  detached  on  account  of  illness,  and  the  flag  officer  was  de  facto  in 
command  of  her.  The  usage  of  the  naval  service  gave  the  command  of  the 
ship  to  the  officer  next  in  rank  to  the  detached  commander.  If  there  was  a 
commander  of  the  capturing  vessel  in  law  or  fact,  within  the  terms  of  the  stat- 
ute of  distribution,  at  the  time  the  capture  was  made,  he  is  entitled  to  the  com- 
mander's share;  if  there  was  no  such,  then  that  share  is  part  of  the  common 
fund,  in  which  all  concerned  have  a  proportional  right. — Idem. 

A  vessel  which  arrives  within  the  limits  of  a  command  to  which  it  is  to  be  at- 
tached, and  the  commander  thereof  reports  by  letter  to  the  commander-in-chief 
for  further  instructions,  which  are  given  but"  not  received  until  after  certain 
captures  have  been  made,  was  within  the  "immediate  command"  of  the  com- 
manding officer  of  the  fleet,  who  is  entitled  to  share. — Op.  XI,  p.  94,  Sept.  12, 
1864.  claim  of  Admiral  Lee. 

Sec.  4634.  Whenever  a  decree  of  condemnation  is  rendered,  the  court  Determination 
shall  consider  the  claims  of  all  vessels  to  participate  in  the  proceeds,  o^  shares, 
and  for  that  purpose  shall,  at  as  early  a  stage  of  the  cause  as  possible, 
order  testimony  to-  be  taken  tending  to  show  what  part  should  be 
awarded  to  the  captors,  and  what  vessels  are  entitled  to  share;  and 
such  testimony  may  be  sworn  to  before  any  judge  or  commissi(mer  of 
the  courts  of  the  United  States,  consul  or  commercial  ageut  of  the 
United  States,  or  notary  public,  or  any  officer  of  the  Navy  highest  in 
rank,  reasonably  accessible  to  the  deponent.  The  court  shall  make  a 
decree  of  distribution,  determining  what  vessels  are  entitled  to  share  in 
the  prize,  and  whether  the  prize  was  of  superior,  equal,  or  inferiorforce 
to  the  vessel  or  vessels  making  the  capture.  The  decree  shall  recite  the 
amount  of  the  gross  proceeds  of  the  prize  subject  to  the  order  of  the 
court,  and  the  amount  deducted  therefrom  for  costs  and  expenses,  and 
the  amount  remaining  for  distribution,  and  whether  the  whole  of  such 
residue  is  to  go  to  the  captors,  or  one-half  to  the  captors  and  one-half 
to  the  United  States. 

Ibid.,  8.9. 

11181 19 


290  PRIZE. 

Bounty  for  per-  Sec.  4635.  A  bounty  shall  be  paid  by  the  United  States  for  each  per- 
sons on  board  ves-gQj^  Qjj  board  any  ship  or  vessel  of  war  belonging  to  an  enemy  at  the 
stroyed?  ^^  ^  commencement  of  an  engagement,  which  is  sunk  or  otherwise  destroyed 
in  such  engagement  by  any  ship  or  vessel  belonging  to  the  United  States 
or  which  it  may  be  necessary  to  destroy  in  consequence  of  injuries  sus- 
tained in  action,  of  onehaiidred  dollars,  if  the  enemy's  vessel  was  of  in- 
ferior force,  and  of  two  hundred  dollars,  if  of  equal  or  superior  force,  to 
be  divided  among  the  officers  and  crew  in  the  same  manner  as  prize- 
money;  and  when  the  actual  number  of  men  on  board  any  such  vessel 
cannot  be  satisfactorily  ascertained,  it  shall  be  estimated  according  to 
the  complement  allowed  to  vessels  of  its  class  in  the  Navy  of  the  United 
States ;  and  there  shall  be  paid  as  bounty  to  the  captors  of  any  vessel 
of  war  captured  from  an  enemy,  which  they  may  be  instructed  to  destroy, 
or  which  is  immediately  destroyed  for  -the  public  interest,  but  not  in 
consequence  of  injuries  received  in  action,  fifty  dollars  for  every  person 
who  shall  be  on  board  at  the  time  of  such  capture. 

Ibid.,  s.  11  p.  310. 

Costs  and  ex-      Sec.  4639.  All  costs  and  all  expenses  incident  to  the  bringing  in,  cus- 

penses.  tody,  preservation,  insurance,  sale,  or  other  disposal  of  prize-property, 

when  al>owed  by  the  court,  shall  be  charged  upon  such  property,  and 

shall  be  paid  from  the  proceeds  thereof,  unless  the  court  shall  decree 

restitution  free  from  such  charge. 

Ibid.,  a.  14. 

^■^-Jift?^*^^'**^'  ®^^-  4640.  No  payment  shall  be  made  for  any  prize-fund,  except  upon 
«T«r,rize-  ^^^  order  of  the  court.  All  charges  for  work  and  labor,  materials  fur- 
nished, or  money  paid,  shall  be  supported  by  affidavit  or  vouchers.  The 
court  may,  at  any  time,  order  the  payment,  from  the  deposit  made  with 
the  assistant  treasurer  in  the  cause,  of  any  costs  or  charges  accrued  and 
allowed.  When  the  cause  is  finally  disposed  of,  the  court  shall  make  its 
order  or  orders  on  the  assistant  treasurer  to  pay  the  costs  and  charges 
allowed  and  unpaid  ;  and  in  case  the  final  decree  shall  be  for  restitution, 
or  in  case  there  shall  be  no  money  subject  to  the  order  of  the  court  in 
the  cause,  any  cost  or  charges  allowed  by  the  court,  and  not  paid  by 
the  claimants,  shall  be  a  charge  upon,  and  be  paid  out  of,  the  fund  for 
defraying  the  expenses  of  suits  in  Avhich  the  United  States  is  a  party 
or  interested. 

Ibid. 

Payment  of  Sec.  4641.  The  net -amount  decreed  for  distribution  to  the  United 
prize-money.  States,  or  to  vessels  of  the  Navy,  shall  be  ordered  by  the  court  to  be 
paid  into  the  Treasury  of  the  United  States,  to  be  distributed  according 
to  the  decree  of  the  court.  The  Treasury  Department  shall  credit  the 
Navy  Department  with  each  amount  received  to  be  distributed  to  ves- 
sels of  the  Navy ;  and  the  persons  entitled  to  share  therein  shall  be  sev- 
erally credited  in  their  accounts  with  the  Navy  Department  with  the 
amounts  to  which  they  are  respectively  entitled.  In  case  of  vessels  not 
of  the  Navy,  and  not  controlled  by  any  Department  of  the  Government, 
the  distribution  shall  be  made  by  the  court  to  the  several  parties  enti- 
tled thereto,  and  the  amounts  decreed  to  them  shall  be  divided  between 
the  owners  and  the  ship's  company,  according  to  any  written  agreement 
between  them,  and  in  the  absence  of  such  agreement,  one-half  to  the 
owners  and  one-half  to  the  ship's  company,  according  to  their  respective 
rates  of  pay  on  board ;  and  the  court  may  appoint  a  commissioner  to 
make  such  distribution,  subject  to  the  control  of  the  court,  who  shall 
make  due  recurn  of  his  doings,  with  proof  of  actual  payments  by  him, 
and  who  shall  receive  no  other  compensation,  directly  or  indirectly,  than 
such  as  shall  be  allowed  him  by  the  court.  In  case  of  vessels  not  of 
the  Navy,  but  controlled  by  either  Executive  Department,  the  whole 
amount  decreed  to  the  captors  shall  be  divided  among  the  ship's  com- 
pany. 

Ibid.,  a.  15. 

Distribution  of  Sec.  4642.  All  ransom-money,  salvage,  bounty,  or  proceeds  of  con- 
bounty,  salvage,  damned  property,  accruing  or  awarded  to  any  vessel  of  the  Navy,  shall 
&c.  1)6  distributed  and  paid  to  the  officers  and  men  entitled  thereto  in  the 

same  manner  as  prize-money,  under  the  direction  of  the  Secretary  of  the 
Navy.     [See  $  3689,  Appropriations.] 
Ibid.,  s.  11,  p.  310. 


PRIZE.  291 

Sec.  4652.  When  any  vessel  or  other  property  shall  have  been  cap-  Kecaptnres. 
tured  by  any  force  hostile  to  the  United  States,  and  shall  be  recaptured, 
and  it  shall  appear  to  the  court  that  the  same  had  not  been  condemned 
as  prize  before  its  recapture,  by  any  competent  authority,  the  court 
shall  award  a  meet  and  competent  sum  as  salvage,  according  to  the 
circumstances  of  each  case.  If  the  captured  property  belonged  to  the 
United  States,  it  shall  be  restored  to  the  United  States,  and  there  shall 
be  paid  from  the  Treasury  of  the  United  States  the  salvage,  costs,  and 
expenses  ordered  by  the  court.  If  the  recaptured  property  belonged  to 
persons  residing  within  or  under  the  protection  of  the  United  States, 
the  court  shall  ailjudge  the  property  to  be  restored  to  its  owners,  upon, 
their  claim,  on  the  payment  of  such  sum  as  the  court  may  award  as 
salvage,  costs,  and  expenses.  If  the  recaptured  property  belonged  to 
any  person  permanently  resident  within  the  territory  and  under  the 
protection  of  any  foreign  prince,  government,  or  state  in  amity  with  the 
United  States,  and  by  the  law  or  usage  of  such  prince,  government,  or 
state,  the  property  of  a  citizen  of  the  United  States  would  be  restored 
under  like  circumstances  of  recapture,  itshall  be  adjudged  to  be  restored 
to  such  owner,  upon  his  claim,  upon  such  terms  as  by  the  law  or  usage 
of  such  prince,  government,  or  state  would  be  required  of  a  citizen  of 
the  United  States  under  like  circumstances  of  recapture;  or  when  no 
such  law  or  usage  shall  be  known,  it  shall  be  adjudged  to  be  restored 
upon  the  paydaent  of  such  salvage,  costs,  and  expenses  as  the  court  shall 
order.  The  whole  amount  awarded  as  salvage  shall  be  decreed  to  the 
captors,  and  no  part  to  the  United  States,  and  shall  bo  distributed  as  in 
the  case  of  proceeds  of  property  condemned  as  prize.  Nothing  in  this 
Title  shall  be  construed  to  contravene  any  treaty  of  the  United  States. 
J6id.,8.29,p.314. 

Notes. — Salvage  is  the  compensation  allowed  to  persons  by  whose  voluntary- 
assistance  a  ship  at  sea  or  her  cargo  or  both  have  been  saved  in  whole  or  in 
part  from  impending  sea-peril,  or  in  recovering  such  property  from  actual  peril 
or  loss,  as  in  cases  of  shipwreck,  derelict,  or  recapture.  Three  elements  are 
necessary  to  a  valid  salvage  claim:  1.  A  marine  peril;  2.  Service  voluntarily 
rendered  when  not  required  as  an  existing  duty  or  from  a  special  contract.  3. 
Success  in  whole  or  in  part,  or  that  the  service  rendered  contributed  to  such 
success.  Proof  of  success,  to  some  extent,  is  as  essential  as  proof  of  service  ; 
for  if  the  property  is  not  saved,  or  if  it  perishes,  or  in  case  of  capture,  if  it  is 
not  retaken,  no  compensation  will  be  allowed.  Compensation  as  salvage  is  not 
viewed  by  the  admiralty  courts  merely  as  pay  on  the  principle  of  quantum 
meruit,  or  as  a  remuneration  pro  opere  et  labore,  but  as  a  reward  given  for  peril- 
ous services  voluntarily  rendered,  and  as  an  inducement  to  mariners  to  em- 
bark in  such  dangerous  enterprises  to  save  life  and  property.  (Voluntary  sail- 
ors, if  not  successful,  are  entitled  to  nothing.  When  engaged  to  go  out  to  the 
assistance  of  a  vessel  in  distress  they  are  to  be  paid  according  to  their  efforts, 
even  though  the  labor  and  service  may  not  prove  beneficial  to  the  vessel  or 
cargo.     The  Undaunted,  1  Lush,  90).— Otto,  S.  C,  101,  p.  384,  case  of  the  Sabine. 

To  constitute  a  maritime  derelict  the  property  at  sea  must  not  only  be  aban- 
doned, but  the  abandonment  must  be  without  hope  of  recovery.  (2  Kent's  Com., 
357,  and  cases  cited.)  And  when  such  derelicts  are  found  they  are  to  be  held, 
by  the  genei  al  rule  of  civilized  countries,  perquisites  or  droits  of  the  admiralty, 
subject  to  be  reclaimed  by  the  owner,  but  without  any  other  claim  on  the  part 
of  the  finder  than  to  his  "reasonable  salvage  remuneration  cases  cited.)  What 
constitutes  a  reasonable  salvage  remuneration  is,  of  course,  a  question  for  ju- 
dicial determination  in  each  case. — Op.  XI,  p.  2,  Nov,  20, 1863,  Bates. 

Officers  and  crews  of  public  ships  of  the  United  States  are  not  entitled  to 
salvage,  civil  or  militarj'^,  as  of  complete  legal  right  It  is  against  public  policy. 
Wirt  (Op.  July  22,  1824)  said,  "  it  was  not  demandable  in  the  case  of  preserva- 
tion of  property  of  the  United  States,  because  the  officers  and  crew  have  done 
no  more  than  their  duty."  Attorney-GeneralJohnson  advised  that  it  was  al- 
lowable in  a  case  of  portable  foreign  property  (Op.,  20  June,  1849).  The  Su- 
preme Court  allowed  it  in  the  case  of  the  Amistad  (XV  Peters,  518).  The  Sec- 
retary has  the  power  to  forbid  the  demand  of  it  by  any  public  ship  under  his 
orders.— Op.  VII.  p.  756,  Cushing,  July  8,  1856. 

Where  a  vessel  at  sea  is  in  imminent  danger,  and  a  part  of  either  vessel  or 
cargo  IS  voluntarily  sacrificed  to  save  the  rest,  and  the  sacrifice  is  successful, 
tke  portion  saved  must  contribute  pro  rata  to  make  the  loss  good.  The  direct 
and  immediate  consequences  of  involuntary  stranding  not  subjects  of  general 
average;  a/(er  stranding,  to  avert  peril  surrounding  vessel  and  cargo,  owners 
of  cargo  to  contribute  by  way  of  general  average  proportion  of  expenses  vol- 
untarily incurred  and  sacrifices  voluntarily  made.  Injury  to  vessel  in  act  of 
stranding  not  a  subject  of  general  average.— Op.  IX,  p.  447,  July  19. 1860,  Black. 

Where  a  vessel  put  into  a  harbor  "in  a  furious  storm,"  leaking,  was  run 
ashore  and  wrecked  through  no  fault  or  misconduct  on  the  part  of  the  master 
and  crew,  the  owners  are  under  no  legal  obligation  to  remove  the  wreck,  al- 
though it  may  be  a  serious  obstruction  to  navigation.— Op.  XV,  p.  71.  See  also 
p.  285,  as  to  the  authority  of  the  Government  as  to  the  removal  of  wrecks  which 
are  obstructions. 

The  word  "  wrecked  "  as  used  in  section  4136  Revised  Statutes  (concerning 
the  registering  of  vessels)  is  applicable  to  a  vessel  which  is  disabled  and  ren- 
dered unfit  for  navigation,  whether  by  the  wind,  waves,  stranding,  fire,  explo- 
sion of  boilers,  or  other  casualty.— Op.  XV,  p.  402,  Dec.  5, 1877. 


292  QUARANTINE    AND    NATIONAL    BOARD    OF    HEALTH. 

The  officers  and  crew  of  a  vessel  in  the  naval  marine  of  the  United  States  are 
entitled  to  salvage  for  saving  a  French  ship,  the  objection  that  Government 
vessels  are  not  thus  entitled  being  invalid.  The  rule  is  universal  in  the  United 
Stat«s,  that  salvage  rendered  by  the  naval  marine  is  to  be  compensated  in  like 
manner  as  that  rendered  by  the  private  marine. — Op.  V,  p.  116,  June  20,  1849, 
Johnson.     See  also  Op.  XII,  p.  289,  on  the  subject. 

It  is  well  settled  that'  where  a  vessel  is  voluntarily  run  ashore  to  prevent  a 
total  loss  of  vessel  and  cargo,  but  is  afterwards  recovered  so  as  to  be  able  to 
perform  her  voyage,  the  loss  resulting  from  the  stranding  is  to  made  good  by 
general  average  contribution.  The  contribution  applies  to  the  Government  as 
well  as  to  individuals.— C.  C.  XV,  p.  392. 

ITltle  69.  Sec.  5310.  No  property  seized  or  taken  upon  any  of  tlie  inland  waters 

~-r ,      of  the  United  States  by  the  naval  forces  thereof  shall  be  regarded  as 

on  inland  waters!  maritime  prize  ;  but  all  property  so  seized  or  taken  shall  be  promptly 
*  delivered  to  the  proper  officers  of  the  cotirts. 
2  July,  1864,  s.  7,  v.  13,  p.  377. 

Title 70,  Chap.  5.      Sec.  5441.  Every  person  who  willfully  does  any  act  or  aids  or  advises 
j^  ,     ;  7~  in  the  doing  of  any  act  relating  to  the  bringing  in,  custody,  preserva- 

fraud^g^^aptor  tion,  sale,  or  other  disposition  of  any  property  captured  as  prize,  or 
or  claimant,  &c.,  relating  to  any  documents  or  papers  connected  with  the  property,  or  to 
ofprize-property.  any  deposition  or  other  document  or  paper  connected  with  the  pro- 
ceedings, with  intent  to  defraud,  delay,  or  injure  the  United  States  or 
any  captor  or  claimant  of  such  property,  shall  be  punished  by  a  fine  of 
not  more  than  ten  thousand  dollars,  or  by  imprisonment  not  more  than 
five  years,  or  both.     [Sec  $^  4613-4652.] 

30  June,  1864,  s.  31,  v.  13,  p.  315. 

QUARANTINE  AND  NATIONAL  BOARD  OF  HEALTH. 

Sec.  I  Sec. 

4792.  State  health-laws  to  be  observed  b^'  United      Distribution  of  regulations. 

States  officers.  Health  officer's  certificates. 

Kefrigerating  vessels.  Detail  of  officers  on  Board  of  Health. 

— —   Vessels  for  ouarantine.  Limitation  of  act. 

Contagious  oiseases  fiom  infected  ports.  -  Further  appropriations. 

Medical  inspectors  at  consulates.  ! 

Title  58.  Sec.  4792.  The  quarantine  and  other  restraints  established  by  the 

State  health^  health-laws  of  any  State,  respecting  any  vessels  arriving  in,  or  bound 
laws   to  be  ob-  to,  any  port  or  district  thereof,  shall  be  duly  observed  by  the  officers 
served  by  United  of  the  customs  revenue  of  the  United  States,  by  the  masters  and  crews 
States      officers,  ^f  f]^^  several  revenue-cutters,  and  by  the  military  officers  commanding 
in  any  fort  or  station  upon  the  sea-coast ;  and  all  such  officers  of  the 
United  States  shall  faithfully  aid  in  the  execution  of  such  quarantines 
and  health-laws,  according  to  their  respective  powers  and  within  their 
respective  precincts,  and  as  they  shall  be  directed,  from  time  to  time, 
by  the  Secretary  of  the  Treasury.     But  uothing  in  this  Title  shall  en- 
able any  State  to  collect  a  duty  of  tonnage  or  impost  without  the  con- 
sent of  Congress. 

23  Feb.,  1799,  s.  1,  v.  1.  p.  619. 
18  April,  1879.       That  the  Secretary  of  the  Treasury  be,  and  hereby  is,  authorized  to 
Refrigerat  i n  g  contract  for  the  purchase  or  construction  of  such  steam  vessel,  and  re- 
ship,  frigerating  machinery,  or  to  arrange  with  the  Navy  Department  for  the 
use  of  such  vessel  as  may  be  recommended  by  the  National  Board  of 
Health  to  disinfect  vessels  and  cargoes  from  ports  suspected  of  infec- 
tion with  yellow  fever  or  other  contagious  disease  ;  the  construction  of 
the  same,  if  such  construction  shall  be  recommended  bj'  said  Board  of 
Health,  to  be  under  the  inspection  of  an  officer  of  the  Bureau  of  Steam 
Engineering  of  the  Navy,  who  may,  at  the  request  of  the  Secretary  of 
the  Treasury,  be  detailed  by  the  Secretary  of  the  Navy  for  that  pur- 
pose ;  and  for  the  purpose  of  such  purchase  or  construction,  the  sum  of 
Appropriation,  two  hundred  thousand  dollars  or  so  much  thereof  us  may  be  necessary, 
to  be  immediately  available,  is  hereby  appropriated  out  of  any  moneys 
in  the  Treasury  not  otherwise  appropriated. 
18  April,  1879,  V.  21,  p.  1. 

14  June,  1879.         That  the  Secretary  of  the  Navy  be,  and  he  is  hereby,  authorized,  in 

~^ J       -      his  discretion,  at  the  request  of  the  National  Board  of  Health,  to  place 

quarantine.  ^'''^  gratuitously,  at  the  disposal  of  the  commissioners  of  quarantine,  or 
the  proper  authorities  at  any  of  the  jiorts  of  the  United  States,  to  be 
used  by  them  temporarily  for  quarantine  purposes,  such  vessels  or  hulks 


Vessels     from 


QUARANTINE    AND    NATIONAL    BOARD    OF    HEALTH.  293 

belonging:  to  the  United  States  as  are  not  required  for  other  uses  of  the 
national  Government,  subject  to  such  restrictions  and  regulations  as 
the  said  Secretary  may  deem  necessary  to  impose  for  the  preservation 
thereof. 

14  June,  1879,  joint  resolution,  v.  21,  p.  50, 

That  it  shall  be  unlawful  for  any  merchant  ship  or  vessel  from  any     2  June,  1879. 
foreign  port  where  any  contagions  or  infectious  disease  exists,  to  enter     Contaaiouadis- 
any  port  of  tlie  United  States  except  in  accordance  with  the  provisions ,  ^ 

of  this  act,  and  all  rules  and  regulations  of  State  boards  of  health  and 
all  rules  and  regulations  made  in  pursuance  of  this  act ;  and  any  such 
vessel  which  shall  enter,  or  attempt  to  enter,  a  port  of  the  United  .^j^^,,       . 
State,  in  violation  thereof,  shall  forfeit  to  the  IJnited  States  a  sum,  to  ^     ^' 

be  awarded  in  the  discretion  of  the  conrt,  not  exceeding  one  thousand 
dollars,  which  shall  be  a  lien  upon  said  vessel,  to  be  recovered  by  pro-  Penalty, 
ceedings  in  the  proper  district  court  of  the  United  States.  And  in  all 
such  proceedings  the  United  States  district  attorney  for  such  district  Proceedings, 
shall  appear  on  behalf  of  the  United  States,  and  all  such  proceedings 
shall  be  conducted  in  accordance  with  the  rules  and  laws  governing 
cases  of  seizure  of  vessels  for  violation  of  the  revenue  laws  of  the  United 
States. 

Sec.  2.  All  such  vessels  shall  be  required  to  obtain  from  the  consul,  Bill  of  health, 
vice-consul,  or  other  consular  officer  of  the  United  Slates  at  the  port 
of  departure,  or  from  the  medical  officer,  where  such  officer  has  been 
detailed  by  the  President  for  that  purpose,  a  certificate  in  duplicate 
setting  forth  the  sanitary  history  of  said  vessel,  and  that  it  has  in  all 
respects  complied  with  the  rules  and  regulations  in  such  cases  prescribed 
for  securing  the  best  sanitary  condition  of  the  said  vessel,  its  cargo, 
passengers,  and  crew;  and  said  consular  or  medical  officer  is  required, 
before  granting  such  certificate,  to  be  satisfied  the  matters  and  things 
therein  stated  are  true ;  and  for  his  services  in  that  behalf  he  shall  be  ^eea. 
entitled  to  demand  and  receive  such  fees  as  shall  by  lawful  regulation 
be  allowed,  to  be  accounted  for  as  is  required  in  other  cases. 

That  upon  the  request  of  the  National  Board  of  Health  the  President    Medical  inspect- 
is  authorized  to  detail  a  medical  officer  to  serve  in  the  office  of  the  con-  ^^^  at  consulates, 
sul  at  any  foreign  port  for  the  purpose  of  making  the  inspection  and 
giving  the   certificates  hereinbefore   mentioned:  Provided,  That  the 
number  of  officers  so  detailed  shall  not  exceed  at  any  one  time  six  : 
*  #  *  »  *  #  # 

Sec.  5.  That  the  National  Board  of  Health  shall  from  time  to  time  Distribution  of 
issue  to  the  consular  officers  of  the  United  States  and  to  the  medical  offi-  Regulations, 
cers  serving  at  any  foreign  port,  and  otherwise  make  publicly  known, 
the  rules  and  regulations  made  by  it  and  approved  by  the  President, 
to  be  used  and  complied  with  by  vessels  in  foreign  ports  for  securing 
the  best  sanitary  condition  of  such  vessels,  their  cargoes,  passengers, 
and  crews,  befure  their  departure  for  any  port  in  the  United  States, 
and  in  the  course  of  the  voyage ;  and  all  such  other  rules  and  regula- 
tions as  shall  be  observed  in  the  inspection  of  the  same  on  the  arrival 
thereof  at  any  quarantine  station  at  the  port  of  destination,  and  for 
the  disinfection  and  isolation  of  the  same,  and  the  treatment  of  cargo 
and  persons  on  board,  so  as  to  prevent  the  introduction  of  cholera,  yel- 
low fever,  or  other  contagious  or  infectious  diseases ;  and  it  shall  not 
be  lawful  for  any  vessel  to  enter  said  port  to  discharge  its  cargo  or  tt  i*},  ffi  » 
land  its  passengers  except  upon  a  certificate  of  the  health  officer  at  (.ertiflcates.  *^^" 
such  quarantine  station,  certifying  that  said  rules  and  regulations 
have  in  all  respects  been  observed  and  complied  with,  as  well  on  his 
part  as  on  the  part  of  the  said  vessel  and  its  master,  in  respect  to  the 
same  and  to  its  cargo,  passengers  and  crew ;  and  the  master  of  every 
such  vessel  shall  produce  and  deliver  to  the  collector  of  customs  at 
said  port  of  entry,  together  Avith  the  other  papers  of  the  vessel,  the 
said  certificates  required  to  be  obtained  at  the  port  of  departure,  and 
the  certificate  herein  required  to  be  obtained  from  the  health  officer  at 
the  port  of  entry. 

Sec.  7.  That  the  President  is  authorized,  when  requested  by  the     Detail  of  of!- 
National  Board  of  Health,  and  when  the  same  can  be  done  without  ^®^^' 
prejudice  to  the  public  service,  to  detail  officers  from  the  several  De- 
partments of  the  Government,  for  temporary  duty,  to  act  under  the 
direction  of  said  board,  to  carry  out  the  provisions  of  this  act ;  and  such 


294  RAILROADS    AND    TELEGRAPHS. 

officers  shall  receive  no  additional  compensation  except  for  actual  and 
necessary  expenses  incurred  in  the  performance  of  such  duties. 

*  *  #  #  #  #  • 

Sec.  10.  This  act  shall  not  continue  in  force  for  a  longer  period  than 
four  years  from  the  date  of  its  approval.     [See  March  3,  1883,  post.} 

2  June,  1879,  v.  21,  p.  5. 

3  Mar.,  1883.  For  the  National  Board  of  Health.     For  compensation  and  personal 

Appropriation  expenses  of  members  of  the  board  ten  thousand  dollars, 
for  Board,  &c.  The  President  of  the  United  States  is  hereby  authorized,  in  case  of 

a  threatened  or  actual  epidemic,  to  use  a  sum,  not  exceeding  one  hun- 
dred thousand  dollars,  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated,  in  aid  of  State  and  local  boards  or  otherwise,  in  his  dis- 
cretion, in  preventing  and  suppressing  the  spread  of  the  same  and 
maintaining  quarantine  at  points  of  danger. 

3  March,  1883,  v.  22,  p.  613.     Sundry  civil  act. 

RAILROADS  AND  TELEGRAPHS. 

RAILROADS. 

Sec.  I  Sec. 

5258.  Inter-State  commnnication.  52G1.  Roads  may  bring  suit. 

5260.  Payments  to  be  withheld  from  certain  roads.  I  Sundry  provisions. 

Title  64.  Sec.  5258.  Every  railroad  company  in  the  United  States,  whose  road 

"r~r — ^TZ  is  operated  by  steam,  its  successors  and  assigns,  is  hereby  authorized  to 

rni^cation? ^°™  carry  upon  and  over  its  road,  boats,  bridges,  and  ferries,  all  passengers, 
troops,  government  supplies,  mails,  freight,  and  property  on  their  way 
from  any  State  to  another  State,  and  to  receive  compensation  therefor, 
and  to  connect  with  roads  of  other  States  so  as  to  form  continuous  lines 
for  the  transportation  of  the  same  to  the  place  of  destination.  But 
this  section  shall  not  affect  any  stipulation  between  the  Government 
of  the  United  States  and  any  railroad  company  for  transportation  or 
fares  without  compensation,  nor  impair  or  change  the  conditions  im- 
posed by  the  terms  of  any  act  granting  lands  to  any  such  company  to 
aid  in  the  construction  of  its  road,  nor  shall  it  be  construed  to  authorize 
any  railroad  company  to  build  any  new  road  or  connection  with  any 
other  road  without  authority  from  the  State  in  which  such  railroad  or 
connection  may  be  proposed.  And  Congress  may  at  any  time  alter, 
amend,  or  repeal  this  section. 

15  June,  1866,  ss.  1,  2,  v.  14,  p.  66. 

Secretary      of     Sec.  5260.  The  Secretary  of  the  Treasury  is  directed  to  withhold  all 

*^-fiih'^v?^"^  ^°  payments  to  any  railroad  company  and  its  assigns,  on  account  of  freights 

ment  to  cOTtam  ^^  transportation  over  their  respective  roads  of  any  kind,  to  the  amount 

railroads.  of  payments  made  by  the  United  States  for  interest  upon  bonds  of  the 

United  States  issued  to  any  such  company,  and  which  shall  not  have 

been  re-imbursed,  together  with  the  five  per  centum  of  net  earnings  due 

and  unapplied,  as  provided  by  law. 

3  March,  1873,  s.  2,  v.  17,  p.  508. 
22  June,  1874,  v.  18,  p.  200. 

ComDaniesmav  ^^^'  ^'^^^-  -^^^  such  company  may  bring  suit  in  the  Court  of  Claims 
sue  in  Court  of  to  recover  the  price  of  such  freight  and  transportation,  and  in  such  suit 
Claims.  the  right  of  such  company  to  recover  the  same  upon  the  law  and  the 

facts  of  the  case  shall  be  determined,  and  also  the  rights  of  the  United 
States  upon  the  meiitsof  all  the  points  presented  by  it  in  answer  thereto 
by  them;  and  either  party  to  such  suit  may  appeal  to  the  Supreme 
Court ;  and  both  said  courts  shall  give  such  cause  or  causes  x)recedence 
of  all  other  business. 

3  March,  1873,  s.  2,  v.  17,  p.  508. 

Notes.— A.n  act  approved  July  12,  1876,  chap.  179,  v.  19,  p.  78,  regulates  com- 
pensation for  carryino;  mails  over  laud-grant  roads. 

An  act  approved  March  3,  1879,  chap.  183,  v.  20,  p.  410,  provides  for  the  ad- 
justment of  accounts  for  transportation  of  the  Army,  &c.,  by  certain  railroads, 
subject  to  the  provisions  of  this  section. 

An  act  approved  June  19,  1878,  chap.  316,  v.  20,  p.  109,  established  the  office  of 
Auditor  of  Eailroads  and  contains  sundry  provisions  relative  to  his  duties,  &c. 

The  second  section  of  the  act  of  May' 7,  1878,  chap.  96,  v.  20,  p.  56,  provides 
that  the  whole  amount  of  compensation  due  to  certain  railroads  therein  men- 
tioned, for  services  rendered  to  the  Government,  shall  be  retained  by  the  United 
States,  one-half  thereof  to  be  applied  to  the  liquidation  of  the  interest  paid  and 


RAILROADS    AND    TELEGRAPHS.  295 

to  be  paid  by  the  United  States  upon  the  bonds  so  issued  by  it  to  each  of  the 
corporations,  and  the  other  half  to  be  turned  into  the  sinking  fund  provided  for 
in  said  act. 

An  act  approved  June  22,  1874,  chap.  414,  vol.  8,  p.  200,  directed  the  Secretary 
of  the  Treasury  to  require  payment  of  the  railroad  companies  of  all  sums  of 
money  due,  or  to  become  due,  the  United  States  for  the  five  per  centum  of  the 
net  earnings  provided  for  by  the  act  of  July  1, 1862,  chap.  120,  v.  12,  p.  489,  or  by 
any  other  acts,  for  the  construction  of  a  railroad  and  telegraph  line  from  the 
Missouri  River  to  the  Pacific  Ocean,  and  in  case  of  their  refusal  to  pay,  to  cer- 
tify the  fact  to  the  Attorney-General  for  suit. 

TELEGRAPHS. 


Sec. 

5266.  Government  to  have  priority  in  transmis- 

sion of  messages. 

5267.  Government  entitled  to  purchase  lines. 

5268.  Acceptance  of  obligation  to  be  filed.  i 


Sec. 

5269.  Penalty  for  refusal  to  transmit  dispatchea. 

Departmental  telegraph. 

Destroying  telegraph  lines. 


Sec.  5266.  Telegrams  between  the  several  Departments  of  the  Gov-        Title  65. 
ernment  and  their  officers  and  agents,  in  their  transmission  over  the     Qovemment  to 
lines  of  any  telegraph  company  to  which  has  been  given  the  right  of  have  priority  in 
way,  timber,  or  station  lands  from  the  public  domain  shall  have  pri- transmission    of 
ority  over  all  other  bnsiness,  at  such  rates  as  the  Postmaster-General  messages, 
shall  annually  fix.     And  no  part  of  any  appropriation  for  the  several 
Departments  of  the  Government  shall  be  paid  to  any  company  which 
neglects  or  refuses  to  transmit  such  telegrams  in  accordance  with  the 
provisions  of  this  section. 

24  July,  1866,  s.  2,  v.  14,  p.  221. 
8  June,  1872,  s.  17,  v.  17,  p.  287. 
10  June,  1872,  s.  1,  v.  17,  p.  366. 

Note. — The  Postmaster-General  in  his  circular  fixing  rates  for  the  fiscal  year 
ending  June  30,  1883,  says:  "All  officers  of  the  United  States  Government 
should  indorse  upon  official  messages  transmitted  by  them  the  words  '  official 


business,'  and  should  report  to  the  Postmaster-General  any  charges  in  excess  of 

Op.  XIV, "       -  -"        '"  "■    — 

the  transmission  of  messages  over  lines. 


the  rates."— See  Op.  XIV,  63,  123.  173,  313;  XVI,  353;  XV,  554,  579,  regarding 


Sec.  5267.  The  United  States  may,  for  postal,  military,  or  other  pur-  entitS'' to™pM> 
poses,  purchase  all  the  telegraph  lines,  property,  and  effects  of  any  or  g^ase  lines, 
all  companies  acting  under  the  provisions  of  the  act  of  July  twenty- 
fourth,  eighteen  hundred  and  sixty-six,  entitled  *' An  act  to  aid  in  the 
construction  of  telegraph  lines,  and  to  secure  to  the  Government  the 
use  of  the  same  for  postal,  military,  and  other  purposes,"  or  under  this 
Title,  at  an  appraised  value,  to  be  ascertained  by  five  competent,  dis- 
interested persons,  two  of  whom  shall  be  selected  by  the  Postmaster- 
General  of  the  United  States,  two  by  the  company  interested,  and  one 
by  the  four  so  previously  selected. 

24  July,  1866,  s.  3,  v.  14,  p.  221. 

Sec.  5268.  Before  any  telegraph  company  shall  exercise  any  of  the  o^jigatumTo  be 
powers  or  privileges  conferred  by  law  such  company  shall  file  their  fii^^ 
written  acceptance  with  the  Postmaster-General  of  the  restrictions  and 
obligations  required  by  law. 

Ibid.,  S.4. 
»  Sec.  5269.  Whenever  any  telegraph  company,  after  having  filed  its  „  '^^j'^Y  ^^^  '?/ 
written  acceptance  with  the  Postmaster- General  of  the  restrictions  and  tUspatches?^^"'*^ 
obligations  required  by  the  act  approved  July  twenty-fourth,  eighteen 
hundred  and  sixty-six,  entitled  "An  act  to  aid  in  the  construction  of 
telegraph  lines,  and  to  secure  to  the  Government  the  use  of  the  same 
for  postal,  military,  and  other  purposes,"  or  by  this  Title,  shall,  by  its 
agents  or  employes,  refuse  or  neglect  to  transmit  any  such  telegraphic 
communications  as  are  provided  for  by  the  aforesaid  act,  or  by  this 
Title,  or  by  the  provisions  of  section  two  hundred  and  twenty-one, 
Title  "The  Department  of  War,"  authorizing  the  Secretary  of  War 
to  provide  for  taking  meteorological  observations  at  the  military  stations 
and  other  points  of  the  interior  of  the  continent,  and  for  giving  notice 
on  the  northern  lakes  and  sea-board  of  the  approach  and  force  of  storms, 
such  telegraph  company  shall  be  liable  to  a  penalty  of  not  less  than  one 
hundred  dollars  and  not  more  than  one  thousand  dollars  for  each  such 
refusal  or  neglect,  to  be  recovered  by  an  action  or  actions  at  law  in  any 
district  court  of  the  United  States. 

10  June,  1872,  s.  1,  v.  17,  p.  366. 
20  Feb..  1877,  chap.  63,  v.  19,  p.  232. 
27  Feb.,  1877,  chap.  69,  v.  19,  p.  252. 


296  RESERVED    TIMBER    AND    LANDS. 

23  June,  1874.        That  any  person  or  persons  who  shall  wilfully  or  maliciously  injure 
Wilfullv     and  ®^  dt^stroy  any  of  the  works  or  property  or  material  of  any  telegraphic 
maliciously     de-  li^i^  constructed  and  owned,  or  in  process  of  construction,  by  the  United 
stroying    works  States,  or  that  may  be  hereafter  constructed  and  owned  or  occupied 
or   property    of  and  controlled  by  the  United  States,  or  who  shall  wilfully  or  maliciously 
eraplThnes*^       interfere  in  any  way  with  the  working  or  use  of  any  such  telegraphic 
line,  or  who  shall  wilfully  or  maliciously  obstruct,  hinder,  or  delay  the 
transmission  of  any  communication  over  any  such  telegraphic  line, 
shall  be  deemed  guilty  of  a  misde  i  eanor,  and,  on  conviction  thereof 
in  any  district  court  of  the  United  States  having  jurisdiction  of  the 
same, 'shall  be  punished  by  a  fine  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars,  or  with  imjirisonment  for  a  term  not  ex- 
ceeding three  years,  or  with  both,  in  the  discretion  of  the  court. 
23  June,  1874,  v.  18,  p.  250. 

Note. — Section  223  of  the  Revised  Statutes  authorizes  the  Secretary  of  War 
to  establish  signal  stations  at  light-houses  and  at  such  of  the  life-saving  sta- 
tions as  may  be  suitably  located  for  the  purpose,  and  to  connect  the  same  with 
such  points  as  may  be  necessary  for  the  proper  discharge  of  the  signal  service 
by  means  of  a  suitable  telegraph  line  in  cases  where  no  lines  are  in  operation, 
to  be  constructed,  maintained  and  worked  under  the  direction  of  the  chief  sig- 
nal officer  of  the  Army  or  the  Secretary  of  War  and  the  Secretary  of  the  Treas- 
ury. Subsequent  acts  provide  for  the  construction,  under  the  Secretary  of 
War,  of  military  telegraph  lines,  and  that  private  dispatches  of  lawful  nature 
may  be  transmitted  over  them,  whenever  the  same  are  not  needed  for  public 
use,  at  reasonable  rates,  not  to  exceed  the  usual  rates  charged  by  private  tele- 
graph companies — the  proceeds  thereof  to  be  accounted  for  and  paid  into  the 
Treasury  of  the  United  States.— See  v.  18,  p.  51,  and  v.  20,  p.  206. 

4  Feb.,  1874.         That  the  lines  of  telegraph,  connecting  the  Capitol  with  the  various 
— -;:; — — ;j — - —  Departments  in  Washington,  constructed  under  and  by  virtue  of  the 
partmental  tele-  ^^*  ^^  Congress  approved  March  third,  eighteen  hundred  and  seventy- 
graph,  three,  entitled  "  An  act  making  appropriations  for  sundry  civil  expenses 
of  the  Government  for  the  fiscal  year  ending  June  thirtieth,  eighteen 
hundred  and  seventy-four,  and  for  other  purposes,"  be,  and  the  same 
are  hereby,  placed  under  the  supervision  of  the  officer  in  charge  of  the 
public  buildings  and  grounds:  and  that  the  said  officer  be  authorized 
and  empowei-ed  to  make  rules  and  regulations  for  the  working  of  said 
lines.     And  the  Secretary  or  Head  of  each  Executive  Department,  and 
the  Congressional  Printer,  are  hereby  authorized  to  detail  one  person 
from  their  present  force  of  employees  to  operate  the  instruments  in  said 
Departments  and  printing  office,  and  each  House  of  Congress  may  pro- 
vide for  the  employment  of  an  operator  in  their  respective  wings  of  the 
Capitol,  at  a  compensation  not  exceeding  one  hundred  dollars  per 
month,  during  the  sessions  of  Congress. 
4  Feb.,  1874,  v.  18,  p.  14. 

7  Mar.,  1874.  Provided,  That  said  lines  of  telegraph  shall  be  for  the  use  only  of 

Senators,  Members  of  Congress,  Judges  of  the  United  States  courts,  and 

officers  of  Congress  and  of  the  Executive  Departments,  and  solely  on 
public  business. 

7  March,  1874,  v.  18,  p.  20. 

Note — An  appropriation  is  made  annually  and  expended  under  direction  of 
the  War  Department,  for  care  of  the  telegraph  connecting  the  capitol  with  the 
Departments  and  Government  Printing  Office.  See  v.  22,  chap.  143,  p.  615, 
March  3,  1883. 

KESEEYED  TIMBER  Al^D  LANDS. 

Sec.  j  Sec. 

2458.  Live-oak  and  red-cedar  lands.  i  2463.  Clearance  of  vessels  laden  wi  th  live-oak,  pros- 

2459.  Selection  of  live-oak  and  red-cedar  tracts.  '  ecution  of  depredators. 

2460.  Protection  of  live-oak  and  red- cedar  timber.  !  4205.  Duties  of  collectors  of  customs. 

2461.  Cutting  or  destruction  of  live-oak  or  red-ce-  j  5388.  Depredations  on  timber-lands. 

dar,  penalty.  j   Protection  of  shade- trees,  fences,  &c. 

2462.  Vessels  employed  in  carrying  away  live-oak  i 

and  red-cedar,  forfeiture  of.  i 


Title 32, Chap.  11.  Sec.  2458.  The  Secretary  of  the  Navy  is  authorized,  under  the  direc- 
Live-oak  and  ^^^^  ^^  *^^  President,  to  cause  such  vacant  and  unappropriated  lands  of 
red-cedar  lands.  ^^^  United  States  as  produce  the  live-oak  and  red-cedar  timbers  to  be 
explored,  and  selection  to  be  made  of  such  tracts  or  j>ortion8  thereof, 
where  the  principal  growth  is  of  either  of  such  timbers,  as  in  his  judg- 
ment may  be  necessary  to  furnish  for  the  Navy  a  sufficient  supply  of  the 
same. 

1  March,  1817,  s.  1,  v.  3,  p.  347. 
15  May,  1820,  v.  3,  p.  607. 
3  March,  1827,  s.  3,  v.  4,  p.  243. 


RESERVED    TIMBER    AND    LANDS.  297 

Sec.  2459.  The  President  is  authorized  to  appoint  surveyors  of  public  Selection  of 
lands,  who  shall  perform  the  duties  i)rescribed  in  the  preceding  section,  gj^ar'tr^ts  ^^^ 
and  rei)ort  to  hitn  the  tracts  by  them  selected,  with  the  boundaries  as- 
certained and  accurately  de8i«:nated  by  actual  survey  of  water-courses ; 
and  the  tracts  of  land  thus  selected  with  the  approbation  of  the  Presi- 
dent shall  be  reserved,  unless  otherwise  directed  by  law,  from  any  fu- 
ture sale  of  the  public  lands,  and  be  appropriated  to  the  sole  purpose  of 
supplying  timber  for  the  Navy  of  the  United  States;  but  nothing  in  this 
section  contained  shall  be  construed  to  prejudice  the  prior  rights  of  any 
person  claiming  lands,  which  may  be  reserved  in  the  manner  herein 
provided. 

1  March,  1817,  s.  1,  v.  3,  p.  347. 

Sec.  2460.  The  President  is  authorized  to  employ  so  much  of  the  land    Protection     of 
and  naval  forces  of  the  United  States  as  may  be  necessary  effectually  to  li^e-oak  and  red- 
prevent  the  felling,  cutting  down,  or  other  destruction  of  the  timber  of  ^®"*'^ ''"""®'' 
the  United  States  in  Florida,  and  to  prevent  the  transportation  or  carry- 
ing away  any  such  timber  as  may  be  already  felled  or  cut  down ;  and  to 
take  such  other  and  further  meaisures  as  may  be  deemed  advisable  for 
the  preservation  of  the  timber  of  the  United  States  in  Florida. 
23  Feb.,  1822,  v.  3,  p.  651. 

Sec.  2461.  If  any  person  shall  cut,  or  cause  or  procure  to  be  cut,  or  aid,  Cutting  or  de- 
assist,  or  be  employed  in  cutting,  or  shall  wantonly  destroy,  or  cause  or  oa™or  red-cedar' 
procure  to  be  wantonly  destroyed,  or  aid,  assist,  or  be  employed  in  wan-  penalty.  ' 

tonly  destroying  any  live-oak  or  red-cedar  trees,  or  other  timbei*  stand- 
ing, growing,  or  being  on  liny  lands  of  the  United  States,  which,  in  pur- 
suance of  any  law  passed,  or  hereafter  to  be  passed,  have  been  reserved 
or  purchased  for  the  use  of  the  Unit  ed  States,  for  supplying  or  furnishing 
therefrom  timber  for  the  Navy  of  the  United  States;  or  if  any  person 
shall  remove,  or  cause  or  procure  to  be  removed,  or  aid,  or  assist, 
or  be  employed  in  removing  from  any  such  lands  which  have  been 
reserved  or  purchased,  any  live-oak  or  red  cedar  trees,  or  other  timber, 
unless  duly  authorized  so  to  do,  by  order,  in  writing,  of  a  competent  offi- 
cer, and  for  the  use  of  the  Navy  of  the  United  States;  or  if  any  person 
shall  cut,  or  cause  or  procure  to  be  cut,  or  aid,  or  assist,  or  be  employed 
in  cutting  any  live-oak  or  red-cedar  trees,  or  other  timber  ou,  or  shall 
remove,  or  cause  or  procure  to  he  removed,  or  aid,  or  assist,  or  be  em- 
ployed in  removing  any  live-oak  or  red-cedar  trees  or  other  timber,  from 
any  or  her  lands  of  the  United  States,  acquired,  or  hereafter  to  be  ac- 
quired, with  intent  to  export,  dispose  of,  use,  or  employ  the  same  in  any 
manner  whatsoever,  other  than  for  the  use  of  the  Navy  of  the  United 
States;  every  such  person  shall  pay  a  fine  not  less  than  triple  the  value 
of  the  trees  or  timber  so  cut,  destroyed,  or  removed,  and  shall  be  im- 
prisoned not  exceeding  twelve  months.     [See  §  4751,  Pension  Fund.] 

2  March,  1831,  s.  1,  v.  4,  p.  472. 

Sec.  2462.  If  the  master,  owner,  or  consignee  of  any  vessel  shall  know-    "Vessels  employ- 
ingly  take  on  board  any  timber  cut  on  lauds  which  have  been  reserved  ®^    in    carrying 
or  purchased  as  in  the  preceding  section  prescribed,  without  proper  au-  and^red-ced*ar, 
thority,  and  for  the  use  of  the  Navy  of  the  United  States;  or  shall  take  forfeiture  of . 
on  board  any  live-oak  or  red-cedar  timber  cut  on  any  other  lands  of  the 
United  States,  with  intent  to  transport  the  same  to  any  port  or  place 
within  the  United  States,  or  to  export  the  same  to  any  foreign  country, 
the  vessel  on  board  of  which  the  same  shall  be  taken,  transported,  or 
seized,  shall,  with  her  tackle,  apparel,  and  furniture,  be  wholly  forfeited 
to  the  United  States,  and  the  captain  or  master  of  such  vessel  wherein 
the  same  was  exported  to  any  foreign  country  against  the  provisions  of 
this  section  shall  forfeit  and  pay  to  the  United  States  a  sum  not  exceed- 
ing one  thousand  dollars.     [See  §  4751,  Pension  Fund,  Navy.] 

Idem,  s.  2. 
Sec.  2463.  It  shall  be  the  duty  of  all  collectors  of  the  customs  within     Clearance    of 
the  States  of  Alabama,  Mississippi,  Louisiana,  and  Florida,  before  allow-  ^®!u®  i?  \^ak^ 
ing  a  clearance  to  any  vessel  laden  in  whole  or  in  part  with  live-Oak  Jroaecutionofde^ 
timber,  to  ascertain  satisfactorily  that  such  timber  was  cut  from  private  predators, 
lands,  or,  if  from  public  ones,  by  consent  of  the  Navy  Department.    And 
it  is  also  made  the  duty  of  all  officers  of  the  customs,  and  of  the  land 
offi«5ers  within  those  States,  to  cause  prosecutions  to  be  seasonably  insti- 
tuted against  all  persons  known  to  be  guilty  of  depredations  on,  or  in- 
jfuries  to,  the  live-oak  growing  on  the  public  lands.     [See  $  4751,  Pen- 
sion Fund,  Navy.  ] 

2  March,  1833,  8.  3,  v.  4,  p.  647. 


298  RESERVED    TIMBER    AND    LANDS. 

Title  48,  Chap.  2.     Sec.  4205.  Collectors  of  the  collection-districts  within  the  States  of 
Clearan  c  e    of  Florida,  Alabama,  Mississippi,  and  Louisiana,  before  allowing  a  clearance 
vessel  laden  with  to  any  vessel  laden  in  whole  or  in  part  with  live-oak  timber,  shall  ascer- 
live-oak.  tain  satisfactorily  that  such  timber  was  cut  from  private  lands,  or,  if 

from  public  lands,  by  consent  of  the  Department  of  the  Navy. 
3  March,  1833,  8.3,  v.  4,  p.  647. 
Title70,Ghap.3.      Sec.  5388.  Every  person  who  unlawfully  cuts,  or  aids  or  is  employed 
Depredations  ill ^^^l^wfully  catting,  or  wantonly  destroys,  or  procures  to  be  wantonly 
on  timber  lands,  destroyed,  any  timber  standing  upon  lands  of  the  United  States,  which, 
in  pursuance  of  law,  may  be  reserved  or  purchased  for  military  or  other 
purposes,  shall  pay  a  fine  of  not  more  than  five  hundred  dollars,  and  be 
imprisoned  not  more  than  twelve  months. 
3  March,  1859,  v.  11,  p.  408. 
3  Mar.,  1875.  Sec.  1.  That  if  any  person  or  persons  shall  knowingly  and  unlawfully 

Catting  or  in-  ^^*»  ®^  sliall  knowingly  aid,  assist,  or  be  employed  in  unlawfully  cutting, 
mring   trees  on  or  shall  wantonly  destroy  or  injure,  or  procure  to  be  wantonly  destroyed 
lands  of  TJ.  S.  re-  or  injured,  any  timber-tree  or  any  shade  or  ornamental  tree,  or  any  other 
served    or    pur-  kin^  of  tree,  standing,  growing,  or  being  upon  any  lands  of  the  United 
use?^     orpu     c  g^g^^gg^  which,  in  pursuance  of  law,  have  been  reserved,  or  which  have 
been  purchased  by  the  United  States  for  any  public  use,  every  such  per- 
son or  persons  so  offending,  on  conviction  thereof  before  any  circuit  or 
district  court  of  the  United  States,  shall,  for  every  such  offense,  pay  a 
Punishment,     fine  not  exceeding  five  hundred  dollars,  or  shall  be  imprisoned  not  ex- 
ceeding twelve  months. 
Breaking  fences,      Sec.  2.  That  if  any  person  or  persons  shall  knowingly  and  unlawfully 
^ndsof  U**S^r^^^®^^  ®^'  destroy  any  fence,  wall,  hedge,  or  gate  inclosing  any  lands  of 
served    or    pnr-  tti©  United  States,  which  have,  in  pursuance  of  any  law,  been  reserved 
chased  for  public  or  purchased  by  the  United  States  for  any  public  use,  every  such  per- 
°^p     .  ,         .      son  so  offending,  on  conviction,  shall,  for  every  such  offense,  pay  a  fine 
unis  men  .     ^^^  exceeding  two  hundred  dollars,  or  be  imprisoned  not  exceeding  six 
months. 
Breakingfences      Sec.  3.  That  if  any  person  or  persons  shall  knowingly  and  unlawfully 
*^ttl  ^  '^^■^^S  break,  open,  or  destroy  any  gate,  fence,  hedge,  or  wall  inclosing  any  lands 
iSads  of  v\  S^re^  ^*  ^'^^  United  States,  reserved  or  purclaased  as  aforesaid,  and  shall  drive 
served  for  public  any  cattle,  horses,  or  hogs  upon  the  lands  aforesaid  for  the  purpose  of 
use.  destroying  the  grass  or  trees  on  the  said  grounds,  or  where  they  may 

destroy  the  said  grass  or  tr^es,  or  if  any  such  person  or  persons  shall 
knowingly  permit  his  or  their  cattle,  horses,  or  hogs  to  enter  through 
Permitting  any  of  said  inclosures  upon  the  lands  of  the  United  States  aforesaid, 
cattle,  &c.,  to  en-  -wrhere  the  said  cattle,  horses,  or  hogs  may  or  can  destroy  the  grass  or 
closures*"  f  such  *^®^^  or  other  property  of  the  United  States  on  the  said  land,  every  such 
lands.  person  or  persons  so  offending,  on  conviction,  shall  pay  a  fine  not  exceed- 

Punishment.     ing  five  hundred  dollars,  or  be  imprisoned  not  exceeding  twelve  months : 
Proviso.  Provided,  That  nothing  in  this  act  shall  be  construed  to  apply  to  unsur- 

veyed  public  lands  and  to  public  lands  subject  to  pre-emption  and 
homestead  laws,  or  to  public  lands  subject  to  an  act  to  promote  the 
development  of  the  mining  resources  of  the  United  States,  approved 
May  tenth,  eighteen  hundred  and  seventv-two. 
3  March,  1875,  v.  18,  p.  481. 
lApril  30,  1878.        All  moneys  heretofore,  and  that  shall  hereafter  be,  collected  for  dep- 
Deposit  of  col-  ^^^ation  upon  the  public  lauds  shall  be  covered  into  the  Treasury  of 
lecticms  for  dep-  ^^^  United  States,  as  other  moneys  received  from  the  sale  of  public 
redations.  lands.     *■     *     * 

Seizure  of  tim-     If  any  timber  cut  on  the  public  lands  shall  be  exported  from  the 
ber  exported.       Territories  of  the  United  States,  it  shall  be  liable  to  seizure  by  United 
States  authority  wherever  found.     *     *     * 

30  April,  1878,  ch.  76,  s.  2,  v.  20,  p.  46. 

!N"0TE8. — Under  section  4751,  the  Secretary  of  the  "Navy  has  power  to  miti- 
gate any  fine,  penalty,  or  forfeiture  incurred  under  the  provisions  of  the  sec- 
tions designated  therein :  and  this  power  maybe  exercised  by  him  as  well  where 
tlie  proceedings,  civil  or  criminal,  have  not  been  instituted  with  his  knowledge 
and  by  his  direction  as  where  they  have  been  thus  instituted.— Op.  XV,  436, 
Devens,  Jan.  23,  1878. 

Live-oak  timber  cut,  in  violation  of  law,  for  the  purposes  of  transportation, 
is  not  subject  to  forfeiture,  so  as  to  give  informers  a  right  to  a  distributive  por- 
tion of  it,  such  timber  being  all  the  while,  in  law,  the  property  of  the  United 
States.  The  act  of  March  2,  1831,  makes  no  provision  for  the  forfeiture  of  tim- 
ber.—Op.  IV,  247,  Nelson,  Sept.  2,  1843. 

The  moneys  referred  to  in  the  act  of  April  30,  1878,  chap.  76,  are  that  part  of 
the  penalty  which  is  payable  to  the  Secretary  of  the  Navy,  under  sec.  4751, 
Pension  Funds.— Op.  July  19, 1883.    Phillips. 


REVENUE-CUTTER    SERVICE.  299 


REVENUE-GUTTER  SERVICE. 

Sec.  j   Sec. 

1492.  Rank  with  the  Navy.  2756.  Contracts  for  rations  authorized. 

2749.  Number  of  officers  and  men.  !  2757.  Revenue    officers    to    co-operate    with    the 

2750.  Grades  of  engineers.  i  Navy. 

2751.  Appointment  of  commissioned  officers.  2760.  Powers   and  duties  of  officers  of  revenue- 

2752.  Qualidcations  of  captains  and  lieutenants.  cutters. 

2753.  Compensation  of   officer  of  revenue-cutter  i  Appointment  of  cadets. 

service.  ;  Detail  for  life-saving  service. 

2754.  "Wages  of  petty  officers  and  crews.  j 

2755.  Officers  on  duty  entitled  to  one  Navy  ration 

per  day. 

Sec.  1492.  The  officers  of  the  revenue-cutter  service  when  serving,  in  Title  15«Chap.  4, 
accordance  with  law,  as  a  part  of  the  Navy,  shall  be  entitled  to  relative  Revenue-cutter 
rank,  as  follows:  Captains,  with  and  next  after  lieutenants  commanding  officers  serving 
in  the  Navy;  first  lieutenants,  with  and  next  after  lieutenants  in  the  as  part  of  the 
Navy;  second  lieutenants,  with  and  next  after  masters  in  line  in  the  ^^.vy. 
Navy;  third  lieutenants,  with  and  next  after  ensigns  in  the  Navy. 

4  July.  1863,  s.  4,  v.  12.  p.  640. 
2  March,  1799,  s.  98,  v.  1,  p.  699. 
16  July,  1862,  ss.  1, 11,  v.  12,  pp.  583,  585. 

Sec.  2749.  The  officers  for  each  revenue- vessel  shall  be  one  captain,  Title  34,  €hap.3. 
and  one  first,  one  seqpud,  and  one  third  lieutenant,  and  for  each  steam-     jfmnber  of  offi- 
vesseJ,  in  addition,  one  engineer  and  one  assistant  engineer;  but  the  cers  and  men. 
Secretary  of  the  Treasury  may  assign  to  any  vessel  a  greater  number 
of  officers  whenever  in  his  opinion  the  nature  of  the  service  which  she 
is  directed  to  perform  requires  it.    And  vessels  of  both  descriptions  shall 
have  such  number  of  petty  officers  and  men  as  in  the  opinion  of  the 
Secretary  are  required  to  make  them  efficient  for  their  service. 

25  July,  1861.  s.  2,  v.  12,  p.  275. 
31  July,  1876,  v.  19,  p.  107. 

Sec.  2750.  The  grades  of  engineers  shall  be  chief  engineer,  and  first    .Grades    of  en- 
and  second  assistant  engineer,  with  the  pay  and  relative  rank  of  first,  g*'^®®^^. 
second,  and  third  lieutenant,  respectively. 
4  Feh.,  1863,  s.  2,  v,  12,  p.  639. 
Sec.  2751.  The  commissioned  officers  of   the  revenue-cutter  service     Appointment 
shall  be  appointed  by  the  President,  by  and  with  the  advice  and  con-  officer""''^^'''''^ 
sent  of  the  Senate. 

Idem,  s.  1. 

Sec.  2752.  No  person  shall  be  appointed  to  the  office  of  captain,  first.     Qualifications 
second,  or  third  lieutenant,  of  any  revenue-cutter,  who  does  not  adduce  o/  captains   and 
competent  proof  of  proficiency  and  skill  in  navigation  and  seamanship,  "e^^e^ants. 
2  March,  1855,  s.  2,  v.  10,  p.  630. 

Sec.  2753.  The  compensation  of  the  officers  of  the  revenue-cutter  Compensation 
service  shall  be  at  the  following  rates  while  on  duty:  o*  officers  of  rev- 

Captains,  twenty-five  hundred  dollars  a  year  each.  enuecutter  serv- 

First  lieutenants  and  chief  engineers,  eighteen  hundred  dollars  a  year 
each. 

Second  lieutenants  and  first  assistant  engineers,  fifteen  hundred  dol- 
lars a  year  each. 

Third  lieutenants  and  second  assistant  engineers,  twelve  hundred  dol- 
lars a  year  each. 

And  at  the  following  rates  while  on  leave  of  absence  or  while  waiting 
orders : 

Captains,  eighteen  hundred  dollars  a  year  each. 

First  lieutenants  and  chief  engineers,  fifteen  hundred  dollars  a  year 
each. 

Second  lieutenants  andr  fist  assistant  engineers,  twelve  hundred  dol- 
lars a  year  each. 

Third  lieutenants  and  second  assistant  engineers,  nine  hundred  dol- 
lars a  year  each. 

28  Feb,,  1867.  s.  1,  v.  14,  p.  416. 

Sec.  2754.  The  wages  of  petty  officers  and  seamen  of  the  revenue-cut-  Wages  of  petty 
ter  service  shall  not  exceed  the  average  wages  paid  for  like  services  on  ^  ff  icers  and 
the  Atlantic  or  Pacific  coast,  respectively,  in  the  merchant  service.  crews. 

4  Feb.,  1863,  s.  3,  v.  12,  p.  640. 


300  REVENUE-CUTTER    SERVICE. 

Kations.  Sec.  2755.  Each  officer  of  tbe  reveuue-cutter  service,  while  on  duty, 

shall  be  entitled  to  one  Navy  ration  per  day. 
28  Feb.,  1867,  s.  2,  v.  14,  p.  416. 

Contracts    for     Sec.  2756.  The  Secretary  of  the  Treasury  may  cause  contracts  to  be 
rations.  made  for  the  supply  of  rations  for  the  officers  and  men  of  the  revenue- 

cutters. 

2  March,  1799,  a.  98,  v.  1,  p.  699. 
Note. — OflBcers  of  the  revenue-cutter  service  belong  to  the  civil  service,  as 
contradistinguished  from  the  naval  and  military— are  subject  to  removal  by  the 
President,  with  the  concurrence  of  the  Senate  in  confirming  the  nomination  of 
a  successor.— Op.  XV,  p.  396,  Nov.  13,  1877,  Devens. 

Revenue     offl-      Sec.  2757.  The  revenue-cutters  shall,  whenever  the  President  so  di- 
cers to  cooperate  rects,  co-operate  with  the  Navy,  during  which  time  they  shall  be  under 
with  the  Navy,    the  direction  of  the  Secretary  of  the  Navj^,  and  the  expenses  thereof 
shall  be  defrayed  by  the  Navy  Department.     [See  §i6  5557,  5558  Slave- 
Trade.  ] 

Idem.  ^ 

Powers  and  du-      ^EC.  2760.  The  officers  of  the  revenue  cutters  shall  respectively  be 
ties  of  officers  of  deemed  officers  of  the  customs,  and  shall  be  subject  to  the  direytition  of 
revenue-cutters,  such  collectors  of  the  revenue,  or  other  officers  thereof,  as  from  time  to 
time  shall  be  designated  for  that  purpose.     They  shall  go  on  board  all 
vessels  which  arrive  within  the  United  States  or  within  four  leagues  of 
the  coast  thereof,  if  bound  for  the  United  States,  aad  search  and  exam- 
ine the  same,  and  every  part  thereof,  and  shall  demand,  receive,  and 
certify  the  manifests  required  to  be  on  board  certain  vessels,  shall  affix 
and  put  proper  fastenings  on  the  hatches  and  other  communications 
with  the  hold  of  any  vessel,  and  shall  remain  on  board  such  vessels  until 
they  arrive  at  the  port  or  place  of  their  destination. 
Idem,  8.  99,  p.  700. 

31  Julv  1876         Hereafter  upon  the  occurring  of  a  vacancy  in  the  grade  of  third  lieu- 
^'        *     tenant  in  the  Revenue  Marine  Service,  the  Secretary  of  the  Treasury 


Appointment  may  appoint  a  cadet,  not  less  than  eighteen  nor  more  than  twenty-five 
of  cadets.  years  of  age,  with  rank  next  below  that  of  third  lieutenant,  whose  pay 

shall  be  three-fourths  that  of  a  third  lieutenant,  and  who  shall  not  be 
appointed  to  a  higher  grade  until  he  tihall  have  served  a  satisfactory 
probationary  term  of  two  years,  and  passed  the  examination  required 
by  the  regulations  of  said  service ;  and  upon  the  promotion  of  such 
cadet  another  may  be  appointed  in  his  stead ;  but  the  whole  number  of 
third  lieutenants  and  cadets  shall  at  no  time  exceed  the  number  of  third 
lieutenants  now  authorized  by  law. 

31  July,  1876,  v.  19,  p.  102. 

SThe  8th  section  of  the  act  approved  June  18, 1878,  chap.  265,  v.  20,  p.  163,  pro- 
ves that  the  Secretary  of  the  Treasury  may  detail  such  officer  or  officers  of 
the  Kevenue  Marine  Service  as  maybe  necessary  to  act  as  inspectors  and  assist- 
ant inspectors  of  life-saving  stations,  who  shall  perform  such  duties  in  con- 
nection with  the  conduct  of  the  service  as  may  be  required  of  them  by  the 
general  superintendent.] 


SLAVE-TRADE,    KIDNAPPING,    COOLY-TRADE.  301 

SLAVE-TRADE,  KIDNAPPING,  OOOLY-TRADE. 


Soc. 

21i8.  Cooly-trade  prohibited. 

2159.  Vessels  employed  in   cooly-trade  shall   be 

forfeited. 

2160.  Buildiuj?  vessels  to  engage  in  cooly-trade, 

how  pxinished. 

2161.  Punishment  for  violation  of  section  2158. 

2162.  This  Title  not  to  interfere  with  voluntary 

emigration. 

2163.  Examination  of  vessels. 

Transporting  from  Oriental  countries  sub- 
jects without  consent. 

5378.  Equipping  vessels  for  slave-trade. 

5379.  Transporting  persons  to  be  held  as  slaves. 

5381.  Serving  in  vessels  transporting  slaves. 

5382.  Same. 

5524.  Keceiving  or  carrying  away  any  person  to  be 

sold  or  held  as  a  slave. 

5525.  Kidnapping. 

5551.  Equipping,  &c.,  vessel  for  slave-trade;  for- 


5557.  Seizure  of  vessels  engaged  in  the  slave-trade. 

5558.  Proceeds  of  condemned  vessels,  how  distrib- 

uted. 

5559.  Disposal  of  persons  found  on  board  seized 

vessels. 

5560.  Apprehension  of  officers  and  crew. 

5561.  Removal  of  persons  delivered  from  seized 

vessels. 

5562.  Bounty. 

5563.  To  what  port  captured  vessels  sent. 

5564.  When  owners  of  foreign  vessels  shall  give 

bond. 

5565.  Distribution  of  penalties. 

5566.  Contracts  for  reception  in  Africa  of  persons 

delivered  from  seized  vessels. 

5567.  Instructions  to  commanders  of  armed  ves- 

■sels. 

5568.  Contracts  for  reception,  &c.,  in  "West  Indies 
of  persons  delivered  from  seized  vessels. 


feiture  of  vessel.  !  5569.  Instructions  to  commanders  of  armed  ves- 

5552.  Penalty  on  persons  building,  equipping,  &c.   j  sels. 

.5553.  Forfeiture  of  vessel  transporting  slaves. 
5554.  Penalty  for  receiving  persons  on  board  to  be 

sold  as  slaves.         •  I 

COOLY  TRADE. 

Sec.  2158.  No  citizen  of  tlie  United  States,  or  foreigner  coming  into        Title  29. 
or  residing  within  the  same,  shall,  for  himself  or  for  any  otherfperson,     Cooly-trade 
either  as  master,  factor,  owner,  or  otherwise,  build,  equip,  load,  or  prohibited, 
otherwise  prepare,  any  vessel,  registered,  enrolled,  or  licensed,  in  the 
United  States,  for  the  purpose  of  procuring  from  any  port  or  place  the 
subjects  of  China,  Japan,  or  of  any  other  oriental  country,  known  as 
*'  coolies,"  to  be  transported  to  any  foreign  port,  or  place,  to  be  dispo.sed 
of,  or  sold,  or  transferred,  for  any  time,  as  servants  or  apprentices,  or 
to  be  held  to  service  or  labor. 

19  Peb.,  1862,  s.  1,  v.  12,  p.  340. 
9  Feb.,  1869,  v.  15,  p.  269. 

Sec.  2159.  If  any  vessel,  belonging  in  whole  or  in  part  to  a  citizen  of     Vessels   em- 
the  United  States,  and  registered,  enrolled,  or  otherwise  licensed  there-  ployed  in  cooly- 
in,  be  employed  in  the  "  cooly-trade,"  so  called,  contrary  to  the  provis-  l^^f^-t  ^^^^^  ^® 
ions  of  the  preceding  section,'  such  vessel,  her  tackle,  apparel,  furniture,  ^^  ®^  ®  • 
and  other  appurtenances,  shall  be  forfeited  to  the  United  States,  and 
shall  be  liable  to  be  seized,  prosecuted,  and  condemned  in  any  of  the 
circuit  courts  or  district  courts  of  the  United  States  for  the  district 
where  the  vessel  may  be  found,  seized,  or  carried. 
Ibid. 

Sec.  2160.  Every  person  who  so  builds,  fits  out,  equips,  loads,  or  other-     Building  ves- 
wise  prepares,  or  who  sends  to  sea,  or  navigates,  as  owner,  master,  ^^l*^  *P^°g*|®  ^ 
factor,  agent,  or  otherwise,  any  vessel,  belonging  in  whole  or  in  part  to  punfshed.^'    ^^ 
a  citizen  of  the  United  States,  or  registered,  enrolled,  or  licensed  within 
the  same,  knowing  or  intending  that  such  vessel  is  to  be  or  may  be  em- 
ployed in  that  trade,  contrary  to  the  provisions  of  section  twenty-one 
hundred  and  fifty-eight,  shall  be  liable  to  a  fine  not  exceeding  two 
thousand  dollars,  and  be  imprisoned  not  exceeding  one  year. 
19  Feb.,  1862,  s.  2,  v.  12,  p.  340. 

Sec.  2161.  Every  citizen  of  the  United  States  who,  contrary  to  the    Punishmentfor 
provisions  of  section  twenty-one  hundred  and  fifty-eight,  takes  on  board  violation  of  sec- 
of  any  vessel,  or  receives  or  transports  any  such  subjects  as  are  de-*^°°2158. 
scribed  in  that  section,  for  the  purpose  of  disposing  of  them  in  any  way 
as  therein  i:)rohibited,  shall  be  liable  to  a  fine  not  exceeding  two  thou- 
sand dollars  and  be  imprisoned  not  exceeding  one  year. 

Ibid.,  8.3.  » 

Sec.  2162.  Nothing  herein  contained  shall  be  deemed  to  apply  to  any     r^j^jg  rj-^l^  jjq|. 
voluntary  emigration  of  the  subjects  specified  in  section  twenty-one  to  interfere  with 
hundred  and  fifty-eight,  or  to  any  vessel  carrying  such  person  as  pas- voluntary  emi- 
senger  on  board  the  same,  but  a  certificate  shall  be  prepared  and  signed  gration. 
by  the  consul  or  consular  agent  of  the  United  States  residing  at  the  port 


302  SLAVE-TRADE,    KIDNAPPING,    COOLY-TRADE. 


1 


from  which  such  vessel  may  take  her  departure,  containing  the  name 
of  such  person,  and  setting  forth  the  fact  of  his  voluntary  emigration 
from  such  port,  which  certificate  shall  be  given  to  the  master  of  such 
vessel ;  and  the  same  shall  not  be  given  until  such  consul  or  consular 
agent  is  first  personally  satisfied  by  evidence  of  the  truth  of  the  facts 
therein  contained.     [See  3  March,  1875,  post.'] 

Ibid.,  8.  4.  » 

Examination  sec.  2163.  The  President  is  empowered,  in  such  way  and  at  such  time 
of  vessel.  ^^  j^^  ^^^^  judge  proper,  to  direct  the  vessels  of  the  United  States,  and 

the  masters  and  commanders  thereof,  to  examine  all  vessels  navigated 
or  owned  in  whole  or  in  part  by  citizens  of  the  United  States,  and  reg- 
istered, enrolled,  or  licensed  under  the  laws  thereof,  whenever,  in  the 
judgment  of  such  master  or  commanding  officer,  reasonable  cause  exists 
ITo  charge  upon  to  believe  that  such  vessel  has  on  board  any  subjects  of  China,  Japan, 
particular    per- or  other  Oriental  country,  known  as  ''coolies";  and,  upon  sufficient 
sons   immigrat- proof  that  such  vessel  is  employed  in  violation  of  the  preceding  pro  vis- 
ing, &c.  ions,  to  cause  her  to  be  carried,  with  her  officers  and  crew,  into  any 
port  or  district  within  the  United  States,  and  delivered  to  the  marshal 
of  such  district,  to  be  held  and  disposed  of  according  to  law. 

Ibid.,  8.  6,  p.  341.  ' 

3  Mar.,  1875.  That  if  any  citizen  of  the  United  States,  or  other  person  amenable  to 
Citizen  of  UnT  *^^  laws  of  the  United  States,  shall  take,  or  cause  to  betaken  or  trans- 
ted  States  trans-  ported,  to  or  from  the  United  States  any  subject  of  China,  Japan,  or  any 
porting  subject  Oriental  country,  without  their  free  and  voluntary  consent,  for  the 
of  China  or  Ja-  purpose  of  holding  them  to  a  term  of  service,  such  citizen  or  other  per- 
Sonslnt  s«^  ^^^^^  ^^  l^a^l®  ^^  ^®  indicted  therefor,  and,  on  conviction  of  such 

Penalty.  offense,  shall  be  punished  by  a  fine  not  exceeding  two  thousand  dollars 

Contract    for  *^^  ^^  imprisoned  not  exceeding  one  year ;  and  all  contracts  and  agree- 
service  void.         ments  for  a  term  of  service  of  such  persons  in  the  United  States,  whether 
made  in  advance  or   in  pursuance  of  such  illegal  imjiortation,  and 
whether  such  importation  shall  have  been  in  American  or  other  vessels, 
are  hereby  declared  void. 

3  March,  1875,  8.  2,  v.  18,  p.  477. 

KIDNAPPING  AND   SLAVE   TRADE. 

Title  70,  Chap.  3.     Sec.  5378.  Every  person  who  builds,  fits  out,  equips,  loads,  or  other- 
Eauinnino-ves-  ^i^®  prepares,  or  sends  away,  either  as  master,  factor,  or  owner,  any 

sels  f  o  r  slave-  vessel,  in  any  port  or  place  within  the  jurisdiction  of  the  United  States, 

trade.  or  causes  such  vessel  to  sail  from  any  port  or  place  whatsoever,  within 

such  jurisdiction,  for  the  purpose  of  procuring  any  negro,  mulatto,  or 
person  of  color  from  any  foreign  kingdom  or  country,  to  be  transported 
to  any  port  or  place  whatsoever,  to  be  held,  sold,  or  otherwise  disposed 
of  as  a  slave,  or  held  to  service  or  labor,  shall  be  punished  by  a  fine  of 
not  less  than  one  thouvsand  dollars,  nor  more  than  five  thousand  dol- 
lars, one-half  to  the  use  of  the  United  States  and  the  other  half  to  the 
use  of  the  person  prosecuting  the  indictment  to  effect,  and  shall,  more- 
over, be  imprisoned  at  hard  labor  for  a  term  not  more  than  seven  years, 
nor  less  than  three  years.  [See  $  5551.] 
20  April,  1818,  s.  3,  v.  3,  p.  451. 
Transporting      g^c.  5379.  Every  citizen  or  other  person  resident  within  the  juris- 

Eeld  as^slaves.  diction  of  the  United  States,  who  takes  on  board,  receives,  or  trans- 
ports from  any  foreign  kingdom  or  country,  or  from  sea,  any  negro, 
mulatto,  or  person  of  color,  in  any  vessel,  for  the  purpose  of  holding, 
selling,  or  otherwise  disposing  of  such  person  as  a  slave,  or  to  be  held 
to  service  or  labor,  shall  be  punished  as  prescribed  in  the  preceding 
section. 

Ibid.,  8. 4. 

Serving  in  Sec.  5381.  Every  citizen  of  the  United  States,  or  other  person  residing 
American  vessels  therein,  who  voluntarily  serves  on  board  of  any  American  vessel  em- 
transporting  pj^yg^j^  Qj.  ma^e  use  of  in  the  transportation  of  slaves  from  any  foreign 
8  aves.  country  or  place  to  another,  shall  be  punished  by  a  fine  of  not  more 

than  two  thousand  dollars,  and  by  imprisonment  not  more  than  two 
vears. 

10  May,  1800,  s.  2,  v.  2,  p.  70. 

Serving  in  for-  Sec.  5382.  Every  citizen  of  the  United  States  who  voluntarily  serves 
eign  vessels  em- on  board  of  any  foreign  vessel  employed  in  the  slave-trade,  shall  be 
slave-trade  punished  as  prescribed  in  the  preceding  section. 

Ibid.,  6.  3, -p.  71. 


SLAVE-TRADE,    KIDNAPPING,    COOLY-TRADE.  303 

Skc.  5524.  Every  master  or  owner  or  person  having  charge  of  any  Title  70,  Ohap.  7. 

vessel  who  receives  on  board  any  other  person,  with  the  knowledge  or  Receiving  o  n 
intent  that  such  person  is  to  be  carried  from  any  State,  Territory,  or  board  a  vessel,  or 
district  of  the  United  States  to  a  foreign  country,  state,  or  place,  to  carrying  away 
be  held  or  sold  as  a  slave,  or  carries  away  from  any  State,  Territory,  *°i^^®''t°^^*°  ^® 
or  district  of  the  United  States  any  such  person,  with  the  intent  that  |^ave?^  *  ^  * 
he  may  be  so  held  or  sold  as  a  slave,  shall  be  punished  by  a  fine  of  not 
more  than  five  thousand  nor  less  than  five  hundred  dollars,  or  by  im- 
prisonment not  more  than  five  years,  or  by  both.     [See  $  5379.] 

21  May,  1866,  s.  2,  v.  14,  p.  50. 

Sec.  5525.  Every  person  who  kidnaps  or  carries  away  any  other  per-  Kidnapping, 
son,  wirh  the  intent  that  such  other  person  be  sold  into  involuntary 
servitude,  or  held  as  a  slave;  or  who  entices,  persuades,  or  induces  any 
other  person  to  go  on  board  any  vessel  or  to  any  other  place  with  the 
intent  that  he  may  be  made  or  held  as  a  slave,  or  sent  out  of  the  coun- 
try to  be  so  made  or  held ;  or  who  in  any  way  knowingly  aids  in  caus- 
ing any  other  person  to  be  held,  sold,  or  carried  away  to  be  held  or  sold 
as  a  slave,  shall  be  punished  by  a  fine  of  not  less  than  five  hundred  nor 
more  than  five  thousand  dollars,  or  by  imprisonment  not  more  than  five 
years  or  by  both.  [See  ^  5375,  Piracy.] 
lbid.,s.  1. 

That  whoever  shall  knowingly  and  wilfully  bring  into  the  United     23  June,  1874. 

States,  or  the  Territories  thereof,  any  person  inveigled  or  forcibly  kid-  — ir-; — : rr~ 

napped  in  any  other  country,  with  intent  to  hold  such  person  so  in-  theUn^edSta^es 
veigled  or  kidnapped  in  confinement  or  to  any  involuntary  service,  and  kidnapped  per- 
whoever  shall  knowingly  and  wilfully  sell,  or  cause  to  be  sold,  into  any  sons. 
condition  of  involuntarily  servitude,  any  other  person  for  any  term 
whatever,  and  every  person  who  shall  knowingly  and  wilfully  hold  to 
involuntarj^  service  any  person  so  sold  and  bought,  shall  be  deemed 
guilty  of  a  felony,  and,  on  conviction  thereof,  be  imprisoned  for  a  term 
not  exceeding  five  years,  and  pay  a  fine  not  exceeding  five  thousand 
dolla«-s. 

Sec.  2.  That  every  person  who  ehall  be  accessor j'  to  any  of  the  felonies     Penalty, 
herein  declared,  either  before  or  after  the  fact,  shall  be  deemed  guilty 
of  a  felony,  and,  on  conviction  thereof  be  imprisoned  for  a  term  not 
exceeding  five  years  and  pay  a  fine  not  exceeding  one  thousand  dollars.  ' 

23  June,  1874,  cl^ap.  464,  v.  18,  p.  251. 

Skc.  5551.  No  person  shall,  for  himself,  or  for  another,  as  master,        Title  71. 
factor,  or  owner,  build,  fit,  equip,  load,  or  otherwise  prepare  any  ves-  ~^     : — .  ^    - 
sel,  in  any  port  or  place  within  the  jurisdiction  of  the  United  States,  vessel^^for^fiave- 
or  cause  any  vessel  to  sail  from  any  port  or  place  within  the  jurisdiction  trade;  forfeiture 
of  the  same,  for  the  purpose  of  procuring  any  negro,  mulatto,  or  per- of  vessel, 
son  of  color,  from  any  foreign  kingdom,  place,  or  country,  to  be  trans- 
ported to  any  port  or  place  whatsoever,  to  be  held,  sold,  or  otherwise 
disposed  of,  as  a  slave,  or  to  be  held  to  service  or  labor;  and  every  ves- 
sel so  built,  fitted  out,  equipped,  laden,  or  otherwise  prepared,  with 
her  tackle,  apparel,  furniture,  and  lading,  shall  be  forfeited,  one  moiety  ^ 

to  the  use  of  the  United  States,  and  the  other  to  the  use  of  the  person 
who  sues  for  the  forfeiture,  and  prosecutes  the  same  to  effect.  [See  $ 
5375,  Piracy.] 

20  April,  1818,  s.  2,  v.  3,  p.  451. 

22  March,  1794,  s.  1,  v.  1,  p.  347. 

Sec.  5552.  Every  person  so  building,  fitting  out,  equipping,  loading,     Penalty  on  per- 
or  otherwise  preparing  or  sending  away  any  vessel,  knowing  or  intend-  sons  building, 
ing  that  the  same  shall  be  employed  in  such  trade  or  business,  contrary  ®<1^PP"*S«  *©• 
to  the  provisions  of  the  preceding  section,  or  any  ways  aiding  or  abet- 
ting therein,  shall,  besides  the  forfeiture  of  the  vessel,  pay  the  sum  of 
two  thousand  dollars ;  one  moiety  thereof  to  the  use  of  the  United  States, 
and  the  other  moiety  thereof  to  the  use  of  the  person  who  sues  for  and 
prosecutes  the  same  to  effect.     [See  $  5378.] 
22  March,  1794,  s.  2,  v.  1,  p.  349. 

Sec.  5553.  Every  vessel  employed  in  carrying  on  the  slave-trade,  or    Forfeiture    of 
on  which  is  received  or  transported  any  negro,  mulatto,  or  person  of  vessel  transports 
color,  from  any  foreign  kingdom  or  country,  or  from  sea,  for  the  pur-  ^S  slaves, 
pose  of  holding,  selling,  or  otherwise  disposing  of  such  person  as  a  slave, 
or  of  holding  such  person  to  service  or  labor,  shall,  together  with  her 
tackle,  apparel,  furniture,  and  the  goods  and  effects  which  may  be  found 
on  board,  or  which  may  have  been  imported  thereon  in  the  same  voy- 


304  SLAVE-TRADE,    KIDNAPPING,    COOLY-TRADE. 

age,  be  forfeited  ;  one  moiety  to  the  United  States,  and  the  other  to  the 
use  of  the  person  who  sues  for  and  prosecutes  the  forfeiture  to  effect. 
[See  $$  5378.  5379.] 

20  April,  1818,  s.  4,  v.  3,  p.  451. 
10  May,  1800,  s.  4,  v.  2,  p.  71." 

cew1Sg%e?8oS  ^^^'  ^^'^^'  ^^  ^°y  citizen  of  the  United  States  takes  on  board,  re- 
on  board  to  be  ceives,  or  transports  any  negro,  mulatto,  or  person  of  color,  for  the  pur- 
Bold  as  slaves.  pose  of  selling  such  person  as  a  slave,  he  shall,  in  addition  to  the  for- 
feiture of  the  vessel,  pay  for  each  person,  so  received  on  board  or  trans- 
ported, the  sum  of  two  hundred  dollars,  to  be  recovered  in  any  court  of 
the  United  States ;  the  one  moiety  thereof  to  the  use  of  the  United 
States,  and  the  other  moiety  to  the  use  of  the  person  who  sues  for  and 
prosecutes  the  same  to  effect. 

22  March,  1794,  s.  4,  v.  1,  p.  349. 

sefs^^engagld^  ki'  ^^^'  ^^^'^'  "^^^  President  is  authorized,  when  he  deems  it  expedient, 
the  slave-trade.  *»  J^'^n  and  employ  any  of  the  armed  vessels  of  the  United  States  to 
cruise  wherever  he  may  judge  attempts  are  making  to  carry  on  the 
slave  trade,  by  citizens  or  residents  of  the  United  States,  in  contraven- 
tion of  laws  prohibitory  of  the  same ;  and,  in  such  case,  he  shall  instruct 
the  commanders  of  such  armed  vessels  to  seize,  take,  aud  bring  into 
any  port  of  the  United  States,  to  be  proceeded  against  according  to 
law,  all  American  vessels,  wheresoever  found,  which  may  have  onboard 
or  which  may  be  intended  for  the  purpose  of  taking  on  board,  or  of 
transporting,  or  may  have  transported  any  negro,  mulatto,  or  person 
of  color,  in  violation  of  the  provisions  of  any  act  of  Congress  prohibit- 
ing the  trafiSc  in  slaves. 

10  May,  1800,  s.  4,  v.  2,  p.  71. 

2  March,  1807,  s.  7,  v.  2,  p.  428. 

3  March,  1819,  s.  1,  v.  3,  p.  532. 

Proceeds  of  Sec.  5558.  The  proceeds  of  all  vessels,  their  tackle,  apparel,  and  fur- 
condemDed  ves-  niture,  and  the  goods  and  effects  on  board  of  them,  which  are  so  seized, 
uted.  ^^  ^^  ^^  *  prosecuted,  and  condemned,  shall  be  divided  equally  between  the  Ujiited 
States  aud  the  officers  and  men  who  seize,  take,  or  bring  the  same  into 
port  for  condemnation,  whether  such  seizure  be  made  by  an  armed  ves- 
sel of  the  United  States  or  revenue  cutter  thereof;  and  the  same  shall 
be  distributed  as  is  provided  bylaw  for  the  distribution  of  prizes  taken 
from  an  enemy. 

Ibid. 

Disposal  of  per-  Sec.  5559.  The  officers  and  men,  to  be  entitled  to  one-half  of  the  pro- 
sons  found  on  ceeds  mentioned  in  the  last  section,  shall  safely  keep  every  negro,  mu- 
board  seized  ves-  latto,  or  person  of  color,  found  on  board  of  any  vessel  so  seized,  taken, 
or  brought  into  port,  for  condemnation,  and  shall  deliver  every  such 
negro,  mulatto,  or  person  of  color,  to  the  marshal  of  the  district  into 
which  he  may  be  brought,  if  into  a  port  of  the  United  States,  or  if  else- 
where, to  such  person  as  may  be  lawfully  appointed  by  the  President, 
in  the  manner  directed  by  law  ;  transmitting  to  the  President,  as  soon 
as  may  be  after  such  delivery,  a  descriptive  list  of  such  negroes,  mulat- 
toes,  or  persons  of  color,  in  order  that  he  may  give  directions  for  the 
disposal  of  them. 

3  March,  1819,  s.  1,  v.  3,  p.  532. 

Apprehension  Sec.  55G0.  The  commanders  of  such  commissioned  vessels  shall  cause 
crew    ^^^^  *®  ^^  apprehended,  and  taken  into  custody,  every  person  found  on  board 

of  such  offending  vessel,  so  seized  and  taken,  being  of  the  officers  or 
crew  thereof,  and  him  convey,  as  soon  as  conveniently  may  be,  to  the 
civil  authority  of  the  United  States,  to  be  proceeded  against  in  due  course 
of  law. 

Ibid,  and  10  May,  1800,  s.  4,  v.  2,  p.  71. 

Removal  of  per-  Sec.  5561.  The  President  is  authorized  to  make  such  regulations  and 
from^seized  ves- ^^^^"^^"^^"^"^  ^^  ^^  ™^^  deem  expedient  for  the  safe-keeping,  support, 
aels.  and  removal  beyond  the  limits  of  the  United  States,  of  all  such  negroes 

mulattoes,  or  persons  of  color,  as  may  be  delivered  and  brought  within 
their  jurisdiction:  and  to  appoint  a  proper  i)erson  residing  upon  the 
coast  of  Africa  as  agent,  for  receiving  the  negroes,  mulattoes,  or  per- 
sons of  color  delivered  from  on  board  vessels  seized  in  the  prosecution 
of  the  slave-trade,  by  commanders  of  United  States  armed  vessels. 
3  March,  1819,  s.  2,  v.  3,  p.  533. 


SLAVE-TRADE,    KIDNAPPING,    COOLY-TRADE.  305 

Sec.  5562.  A  bounty  of  twenty-five  dollars  shall  be  paid  to  the  officers  Bounty, 
and  crews  of  the  commissioned  vessels  of  the  United  States,  or  revenue- 
cutters,  for  each  negro,  mulatto,  or  person  of  color,  who  may  be,  as 
hereinbefore  provided,  delivered  to  the  marshal  or  agent  duly  appointed 
to  receive  such  person ;  and  the  Secretary  of  the  Treasury  is  required 
to  pay,  or  cause  to  be  paid,  to  such  officers  and  crews,  or  their  agent, 
such  bounty  for  each  person  so  delivered. 
Ibid.,  S.3. 

Sec.  5563.  It  shall  be  the  duty  of  the  commander  of  any  armed  vessel     To   what  porfc 
of  the  United  States,  whenever  he  makes  any  capture  under  the  pre- *^^P^"^^*1  vessels 
ceding  provisions,  to  bring  the  vessel  and  her  cargo,  for  adjudication,  ^      ' 
into  some  of  the  ports  of  the  State  or  Territory  to  which  such  vessel  so 
captured  may  belong,  if  he  can  ascertain  the  same ;  if  not,  then  to  be 
sent  into  any  convenient  port  of  the  United  States. 
Ibid.,  8.5. 

Sec.  55C4.  Every  owner,  master,  or  factor  of  any  foreign  vessel,  clear-     when    owner? 
ing  out  for  any  of  the  coasts  or  kingdoms  of  Africa,  or  suspected  to  be  of  foreign  vesseh 
intended  for  the  slave-trade,  and  the  susjucion  being  declared  to  the '*^^^  Si^®  ^<*°d' 
officer  of  the  customs  by  any  citizen,  on  oath,  and  such  information 
being  to  the  satisfaction  of  the  officer,  shall  first  give  bond,  with  suffi- 
cient sureties,  to  the  Treasurer  of  the  United  States,  that  none  of  the 
natives  of  Africa,  or  any  other  foreign  country  or  place,  shall  be  taken 
on  board  such  vessel,  to  be  transported  or  sold  as  slaves,  in  any  other 
foreign  port  or  place  whatever,  within  nine  months  thereafter. 
22  March,  1794,  s.  B,  v.  1,  p.  349. 

Sec.  5565.  The  forfeitures  which  may  hereafter  be  incurred  under  any     Distribution  of 
of  the  preceding  provisions,  and  which  are  not  otherwise  expressly  d is- penalties, 
posed  o^,  shall  accrue  and  be  one  moiety  thereof  to  the  use  of  the  in- 
former, and  the  other  moiety  to  the  use  of  the  United  States,  except 
where  the  prosecution  is  first  instituted  onbehalf  of  the  United  States, 
in  which  case  the  whole  shall  be  to  their  use. 
lOMay,  1800,  s.7,T.  2,p.71. 

Sec.  5566.  It  may  be  lawful  for  the  President  to  enter  into  contract    Contracts  for 
with  any  person,  society,  or  body-corporate,  for  a  term  not  exceeding  reception  in  Af- 
five  years,  to  receive  from  the  United  States,  through  their  duly  con-  jJeUvered^f?© m 
stituted  agent  upon  the  coast  of  Africa,  all  negroes,  mulattoes,  or  per-  seized  vessels.   • 
sons  of  color,  delivered  from  on  board  vessels  seized  in  the  prosecution 
of  the  slave-trade,  by  commanders  of  the  United  States  armed  vessels, 
and  to  provide  such  negroes,  mulattoes,  and  persons  of  color  with  com- 
fortable clothing,  shelter,  and  provisions,  for  a  period  not  exceeding 
one  year  from  the  date  of  their  being  landed  on  the  coast  of  Africa,  at 
a  price  in  no  case  to  exceed  one  hundred  dollars  for  each  person  so  clothed, 
sheltered,  and  provided  with  food;  and  any  contract  so  made  may  be 
renewed  by  the  President  from  time  to  time  as  found  necessary,  for 
periods  not  to  exceed  five  years  on  each  renewal. 
16  June,  1860,  s.  1,  v.  12,  p.  40. 

Sec.  5567.  The  President  is  authorized  to  issue  instructions  to  the  com-     Instructions  to 
manders  of  the  armed  vessels  of  the  United  States,  directing  them,  when-  coiniuanders    of 
ever  it  is  practicable,  and  under  such  rules  and  regulations  as  he  may  a™'<^"  ^^^sels. 
prescribe,  to  proceed  directly  to  the  coast  of  Africa,  and  there  hand  over 
to  the  agent  of  the  United  States  all  negroes,  mulattoes,  and  persons  of 
color  delivered  from  on  board  vessels  seized  in  the  prosecution  of  the 
slave-trade;  and  they  shall  afterward  bring  the  captured  vessels  and 
persons  engaged  in  prosecuting  such  trade  to  the  United  States  for  trial 
and  adjudication. 

Ibid.,  8.  2,  p.  41. 

Sec.  5568.  It  may  be  lawful  for  the  President  to  enter  into  arrange-     Contracts  for 
ment,  by  contract  or  otherwise,  with  one  or  more  foreign  governments  reception,  &c.,  in 
having  possessions  in  the  West  Indies  or  other  tropical  regions,  or  with  West  Indies,   of 
their  duly  constituted  agent,  to  receive  from  theUnited  States,  for  a  term  ^f  Xm   seiled 
not  exceeding  five  years,  at  such  place  as  may  be  agreed  upon,  all  negroes,  vessels. 
mulattoes,  or  persons  of  color,  delivered  from  on  board  vessels  seized  in 
the  prosecution  of  the  slave-trade,  by  commanders  of  United  States 
armed  vessels,  and  to  provide  them  with  suitable  instruction,  and  with 
comfortable  clothing  and  shelter,  and  to  employ  them,  at  wages,  under 
such  regulations  as  maybe  agreed  upon,  for  a  period  not  exceeding  five 
years  from  the  date  of  their  being  landed  at  the  place  agreed  upon.     But 
11181 20 


5333.  Misprision  of  treasou. 

5334.  Inciting  or  engaging  in  rebellion  or  insurrec- 

tion. 

5335.  Criminal  correspondence  with  foreign  gov- 

ernments. 

5336.  Seditious  conspiracy. 

5337.  Recruiting  soldiers  or  sailors  to  serve  against 

the  United  States. 

5338.  Enlistment  to    serve   against   the    United 

States. 

5406.  Conspiring  to  intimidate  witnesses,  dec. 

5407.  Conspiracy  to  defeat  the  enforcement  of  the 

laws. 
5440.  All  parties  to  a  conspiracy  equally  guilty. 


506     TREASON,  REBELLION,  CONSPIRACY,  AND    INSURRECTION. 

the  United  States  shall  incur  no  expenses  on  account  of  such  negroes, 
mulattoes,  or  persons  of  color,  after  having  landed  them  at  the  place 
agreed  upon.  And  any  arrangement  so  made  may  be  renewed  by  the 
President  from  time  to  time,  as  may  be  found  necessary,  for  periods  not 
exceeding  five  years  on  each  renewal. 

17  July,  1862,  s.  1,  v.  12,  p.  592. 
Instructions  to  Sec.  5569.  The  President  is  authorized  to  issue  instructions  to  the 
armed^vessels  ^^ commanders  of  the  armed  vessels  of  the  United  States,  directing  them, 
whenever  it  is  practicable,  and  under  such  regulations  as  he  may  pre- 
scribe, to  proceed  directly  to  such  place  as  shall  have  been  agreed  upon 
with  any  foreign  government,  or  its  duly  constituted  agent,  under  the 
provisions  of  the  preceding  section,  and  there  deliver  to  the  duly  con- 
stituted authorities  or  agents  of  such  foreign  government  all  negroes, 
mulattoes,  or  persons  of  color,  taken  from  on  board  vessels  seized  in  the 
prosecution  of  the  slave  trade;  and  they  shall  afterward  bring  the  ves- 
sel and  persons  engaged  in  prosecuting  such  trade  to  the  United  States 
for  trial  and  adjudication.     [See  $$  2158.] 

Ibid.,  s.  2. 

TREASON,  REBELLION,  CONSPIRACY,  AND  INSURRECTION. 

Sec. 

1642.  Militia  to  be  called  out. 

1643.  Apportioned  among  States. 

1644.  Subject  to  rules  of  war. 
.  Arms  to  be  furnished. 

1033.  Copy  of  indictment,  &c.,  to  be  furnished. 

1034.  Entitled  to  counsel. 

2111.  Sending  seditious  messages  ;  penalty. 

2112.  Carrying  seditious  messages ;  penalty. 

2113.  Correspondence  with  foreign  nations  to  ex- 

cite Indians  to  war ;  penalty. 

5297.  Insurrection  against  a  State  government. 

5298.  Insurrection  against  the  Government  of  the 

United  States. 

5299.  Power  to  suppress  insurrection  in  violation  ,  ,        „      .       ^  „ 

of  civil  rights.  j   5518.  Conspiracy  to  prevent  holding  office. 

5300.  Proclamation  to  insurgents  to  disperse.  I  5519.  Conspiracy  to  deprive  any  person  of  equal 

5331.  Treason.  i  protection  of  the  laws. 

5332.  Punishment  of  treason. 

Title  16.  Sec.  1642.  Whenever  the  United  States  are  invaded,  or  are  in  immi- 

"  Orders  of  Pres-  ^^^^  danger  of  invasion  from  any  foreign  nation  or  Indian  tribe,  or  of 

ident  in  case  of  rebellion  against  the  authority  of  the  Government  of  the  United  States, 

invasion.  it  shall  be  lawful  for  the  PrCvsident  to  call  forth  such  number  of  the 

militia  of  the  State  or  States,  most  convenient  to  the  place  of  danger, 

or  scene  of  action,  as  he  may  deem  necessary  to  repel  such  invasion,  or 

to  suppress  such  rebellion,  and  to  issue  his  orders  for  that  purpose  to 

such  officers  of  the  militia  as  he  may  think  proper. 

28  Feb.,  1795,  s.  1,  v.  1,  p.  424. 

Militia,    how     Sec.  1643.  When  the  militia  of  more  than  one  State  is  called  into  the 
apportioned.         actual  service  of  the  United  States  by  the  President,  he  shall  apportion 
them  among  such  States  according  to  representative  population. 
17  July,  1862,  s.  1,  v.  12,  p.  597. 

'    Subject  to  rules      Sec.  1644.  The  militia,  when  called  into  the  actual  service  of  the 
of  war.  United  States  for  the  suppression  of  rebellion  against  and  resistance  to 

the  laws  of  the  United  States,  shall  be  subject  to  the  same  rules  and 
articles  of  war  as  the  regular  troops  of  the  United  States. 

28  Feb.,  1795,  s.  4,  v.  1,  p.  424. 

29  July,  1861,  s.  3,  v.  12,  p.  282. 

March  3, 1879.        That  upon  the  request  of  the  head  of  any  Department,  the  Secretary 

— — — —  of  War  be,  and  he  hereby  is,  authorized  and  directed  to  issue  arms  and 

ni^edfo^rprotec-  ^'^i^uTiition  whenever  they  may  be  required  for  the  protection  of  the 

tion  of  public  P'^^"*^!*;  money  and  property,  and  they  may  be  delivered  to  an}^  officer 

property.  of  the  Department  designated  by  the  head  of  such  Department,  to  be 

accounted  for  to  the  Secretary  of  War,  and  to  be  returned  when  the 

necessity  for  their  use  has  expired. 

3  March,  1879,  chap  183.  v.  20,  p.  410. 

Note.— The  President's  proclamation,  Aug.  20,  1866,  14  Stat.,  817,  was  an  au- 
thoritative declaration  that  the  rebellion  was  suppressed,  and  it  is  to  be  so  re- 
garded on  and  after  that  date.  The  recognition  and  adoption  of  the  time  so 
designated  in  the  act  of  March  2,  1867,  14  Stat.,  428,  gives  to  it  the  force  and 
sanction  of  positive  law,  and  makes  it  binding  and  conclusive  on  the  courts.— 
C.  C,  IV,  p.  1.     See  Wallace,  12,  p.  700. 


TREASON,  REBELLION,  CONSPIRACY,  AND   INSURRECTION.     307 

Sec.  1033.  When  any  person  is  indicted  of  treason,  a  copy  of  the  Title  18, Chap.  18. 
indictment  and  a  list  of  the  jury,  and  of  the  witnesses  to  be  produced     copyof  indict- 
on  the  trial  for  proving  the  indictment,  stating  the  place  of  abode  of  „,ent  and  list  of 
each  juror  and  witness,  shall  be  delivered  to  him  at  least  three  entire  jurors  and  wit- 
days  before  he  is  tried  for  the  same.     "When  any  person  is  indicted  of  ness«8. 
any  other  capital  otiense,  such  copy  of  the  indictment  and  list  of  the 
jurors  and  witnesses  shall  be  delivered  to  him  at  least  two  entire  days 
before  the  trial. 

30  April,  1790,  8.  29,  v.  1,  p.  118. 

Sec.  1034.  Every  person  who  is  indicted  of  treason,  or  other  capital     Persons  indict- 
crinie,  shall  be  allowed  to  make  his  full  defense  by  counsel  learned  in  ®*\    **^^"    ^^PA*^1 
the  law;  and  the  court  before  which  he  is  tried,  or  some  judge  thereof,  to^Sunsel'and  to 
shall  immediately,  upon  his  request,  assign  to  him  such  counsel,  not  compel    witness- 
exceeding  two,  as  he  may  desire,  and  they  shall  have  free  access  to  him  es. 
at  all  seasonable  hours.     He  shall  be  allowed,  in  his  defense,  to  make 
any  proof  that  he  can  produce  by  lawful  witnesses,  and  shall  have  the 
like  process  of  the  court  to  compel  his  witnesses  to  appear  at  his  trial, 
as  is  usually  granted  to  compel  witnesses  to  appear  on  behalf  of  the 
prosecution. 

Idem. 

Sec.  2111.  Every  person  who  sends  any  talk,  speech,  message,  or  let-  Title  28,  Cliap.3. 
ter  to  any  Indian  nation,  tribe,  chief,  or  individual,  with  an  intent  to     Sending  a  e d  i  - 
produce  a  contravention  or  infraction  of  any  treaty  or  law  of  the  United  tious   messages ; 
States,  or  to  disturb  the  peace  and  tranquility  of  the  United  States,  is  penalty, 
liable  to  a  penalty  of  two  thousand  dollars. 
30  June,  1834,  s.  13,  v,  4,  p.  731. 

Sec.  2112.  Every  person  who  carries  or  delivers  any  talk,  message,     Carrying  sedi- 
speech,  or  letter,  intended  to  produce  a  contravention  or  infraction  of  penaltv"^^^*^*^^ ' 
any  treaty  or  law  of  the  United  States,  or  to  disturb  the  peace  or  tran- 
quility  of  the  United  States,  knowing  the  contents  thereof,  to  or  from 
any  Indian  nation,  tribe,  chief,  or  individual,  from  or  to  any  person  or 
persons  whatever,  residing  within  the  United  States,  or  from  or  to  any 
subject,  citizen,  or  agent  of  any  foreign  power  or  state,  is  liable  to  a 
penalty  of  one  thousand  dollars. 
Idem.,  8.  14. 

Sec.  2113.  Every  person  who  carries  on  a  correspondence,  by  letter   Correspondence 
or  otherwise,  with  any  foreign  nation  or  power,  with  an  intent  to  induce  ^^^    ti)^^^xdfe 
such  foreign  nation  or  power  to  excite  any  Indian  nation,  tribe,  chief,  Indians  to  war- 
or  individual,  to  war  against  the  United  States,  or  to  the  violation  of  penalty, 
any  existing  treaty  ;  or  who  alienates,  or  attempts  to  alienate,  the  con- 
fidence of  any  Indian  or  Indians  from  the  Government  of  the  United 
States,  is  liable  to  a  penalty  of  one  thousand  dollars.     [See  $  5335] 
Idem,  8. 15. 

Sec.  5297.  In  case  of  an  insurrection  in  any  State  against  the  gov-        Title  69. 
ernraent  thereof,  it  shall  be  lawful  for  the  President,  on  application  of    insurrection 
the  legislature  of  such  State,  or  of  the  executive,  when  the  legislature  against  a  State 
cannot  be  convened,  to  call  forth  such  number  of  the  militia  of  any  government, 
other  State  or  States,  which  may  be  applied  for,  as  he  deems  sufficient 
to  supY>res8  such  insurrection ;  or,  on  like  application,  to  employ,  for 
the  same  purposes,  such  part  of  the  land  or  naval  forces  of  the  United 
States  as  he  deems  necessary. 

28  Feb.,  1795,  s.  1,  v.  1,  p.  421. 
3  March,  1807,  v.  2,  p.  443. 

Sec.  5298.  Whenever,  by  reason  of  unlawful  obstructions,  combiua-     Insurrection 
tions,  or  assemblages  of  persons,  or  rebellion  against  the  authority  of  *^^^|^^*^(.^^^q 
the  Government  of  the  United  States,  it  shall  become  impracticable,  in  United  States, 
the  judgment  of  the  President,  to  enforce,  by  the  ordinary  course  of 
judicial  proceedings,  the  laws  of  the  United  States  within  any  State  or 
Territory,  it  shall  be  lawful  for  the  President  to  call  forth  the  militia  of 
any  or  all  the  States,  and  to  employ  such  parts  of  the  laud  and  naval 
forces  of  the  United  States  as  he  may  deem  necessary  to  enforce  the 
faithful  execution  of  the  laws  of  the  United  States,  or  to  suppress  such 
rebellion,  in  whatever  State  or  Territory  thereof  the  laws  of  the  United 
States  may  be  forcibly  opposed,  or  the  execution  thereof  forcibly  ob- 
structed. 

29  July   18G1,  s.  1,  v.  12,  p.  281. 


308     TREASON,  REBELLION,  CONSPIRACY,  AND    INSURRECTION. 

Power  to  sup-  Sec.  5299.  Whenever  insurrection,  domestic  violence,  unlawful  com- 
press insurrec-  l>ination8,  or  conspiracies  in  any  State  so  obstructs  or  hinders  the  exe- 
of'ciTil  rlghfs^**"  cution  of  the  laws  thereof,  and'of  the  United  States,  as  to  deprive  any 
portion  or  class  of  the  people  of  such  State  of  any  of  the  rights,  privi- 
leges, or  immunities,  or  protection,  named  in  the  Constitution  and 
secured  by  the  laws  for  the  protection  of  such  rights,  privileges,  or  im- 
munities, and  the  constituted  authorities  of  snch  State  are  unable  to 
protect,  or,  from  any  cause,  fail  in  or  refuse  protection  of  the  people  in 
such  rights,  such  facts  shall  be  deemed  a  denial  by  such  State  of  the 
equal  protection  of  the  laws  to  which  they  are  entitled  under  the  Consti- 
tution of  the  United  States;  and  in  all  such  cases,  or  whenever  any  such 
insurrection,  violence,  unlawful  combination,  or  conspiracy,  opposes 
or  obstructs  the  laws  of  the  United  States,  or  the  due  execution  thereof, 
or  impedes  or  obstructs  the  due  course  of  justice  under  the  same,  it 
shall  be  lawful  for  the  President,  and  it  shall  be  his  dntj',  to  take  such 
measures,  by  the  employment  of  the  militia  or  the  land  and  naval  forces 
of  the  United  States,  or  of  either,  or  by  other  means,  as  he  may  deem 
necessary,  for  the  supin-ession  of  such  insurrection,  domestic  violence, 
or  combinations. 

20  April,  1871,  s.  3,  v.  17,  p.  14. 

Proclamation  Sec.  5300.  Whenever,  in  the  judgment  of  the  President,  it  becomes 
to  insurgents  to  necessary  to  use  the  military  forces  under  this  Title,  the  President  shall 
disperse.  forthwith,  by  proclamation,  conmiand  the  insurgents  to  disperse  and 

retire  peaceably  to  their  respective  abodes,  within  a  limited  time, 

29  July,  1861,  s.  2,  v.  12,  p.  282. 

Title  70,  Chap.  2.      Sf.c.  5331.  Every  person  owing  allegiance  to  the  United  States  who 

Treason  levies  war  against  them,  or  adheres  to  their  enemies,  giving  them  aid 

and  comfort  within  the  United  States  or  elsewhere,  is  guilty  of  treason. 

30  April,  1790,  s.  1,  v.  1.,  p.  112. 

Punishment  of  Sec.  5332.  Every  person  guilty  of  treason  shall  sulfer  death ;  or,  at 
treason.  the  discretion  of  the  court,  shall  be  imprisoned  at  hard  labor  for  not  less 

than  live  years,  and  fined  not  less  than  ten  thousand  dollars,  to  be  levied 
on  and  collected  out  of  any  or  all  of  his  property,  real  and  personal,  of 
which  he  was  the  owner  at  the  time  of  committing  such  treason,  any 
sale  or  conveyance  to  the  contrary  notwithstanding;  and  every  person 
so  convicted  of  treason  shall,  moreover,  be  incapable  of  hoktiug  any 
office  under  the  United  States. 

17  July,  1862,  ss.  1,  3,  v.  12,  p.  589. 

Misprision  of  Sec.  5333.  Every  person,  owing  allegiance  to  the  United  States  and 
treason.  having  knowledge  of  the  conuuission  of  any  treason  against  them,  who 

conceals,  and  does  not,  as  soon  as  may  be,  disclose  and  make  known  the 
same  to  the  President  or  to  some  judge  of  the  United  States,  or  to  the 
governor,  or  to  some  judge  or  justice  of  a  particular  State,  is  guilty  of 
misprision  of  treason,  and  shall  be  imprisoned  not  more  than  seven 
years,  and  fined  not  more  than  one  thousand  dollars. 
30  April,  1790,  p.  2,  v.  1,  p,  112. 

Inciting  or  en-     Sec.  .5334.  Every  person  who  incites,  sets  on  foot,  assists,  or  engages 

f paging  in  rebel-  in  any  rebellion  or  insurrection  against  the  authority  of  the  United 
ion  or  insurrec-  States,  or  the  laws  thereof,  or  gives  aid  or  comfort  thereto,  shall  be 
"'  punished  by  imprisonment  not  more  than  ten  years,  or  by  a  fine  of  not 

more  than  ten  thousand  dollars,  or  by  both  of  such  punishments ;  and 
shall,  moreover,  be  incapable  of  holding  any  office  under  the  United 
States.     [See  U  5297.] 

17  July,  1862,  s.  2,  v.  12,  p.  590. 

Criminal  corre-  Sec.  5335.  Every  citizen  of  the  United  States,  whether  actually  resi- 
fore^gn"^goTern^  dent  or  abiding  within  the  same,  or  in  any  foreign  country,  who,  with- 
ments.  o^t  the  permission  or  authority  of  the  (xoveruraent,  directly  or  indi- 

rectly, commences  or  carries  on  any  verbal  or  written  correspondence  or 
intercourse  with  any  foreign  government,  or  any  officer  or  agent  there- 
of, with  an  intent  to  influence  the  measures  or  conduct  of  any  foreign 
government,  or  of  any  officer  or  agent  thereof,  in  relation  to  any  dis- 
putes or  controversies  with  the  United  States,  or  to  defeat  the  measures 
of  the  Government  of  the  United  States ;  and  every  person,  being  a 
citizen  of,  or  resident  within,  the  United  States,  and  not  duly  author- 
ized, who  counsels,  advises,  or  assists  in  any  such  correspondence,  with 
such  intent,  shall  be  punished  by  a  fine  of  not  more  than  five  thousand 


TREASON,  REBELLION,  CONSPIRACY,  AND  INSURRECTION.  309 

dollars,  and  by  imprisounaeut  daring  a  term  not  less  thau  six  months, 
nor  more  thau  three  years ;  but  nothing  in  this  section  shall  be  con- 
strued to  abridge  the  right  of  a  citizen  to  apply,  himself  or  his  agent, 
to  any  foreign  government  or  the  agent  thereof  for  redress  of  any  iu- 
jury  which  he  may  have  sustained  from  such  government,  or  any  of  its 
agents  or  subjects.     [See  ^  1738,  Diplomatic  Officers,  and  $  2113.] 

30  Jan.,  1799,  ch.  1,  v.  1,  p.  613. 

Sec.  5336.  If  two  or  more  persons  in  any  State  or  Territory  conspire  Seditious  con- 
to  overthrow,  put  down,  or  to  destroy  by 'force  the  Government  of  the  spiracy. 
United  States,  or  to  levy  war  against  them,  or  to  oppose  by  force  the 
authority  thereof  ;  or  by  force  to  prevent,  hinder,  or  delay  the  execution 
of  any  law  of  the  United  States  ;  or  by  force  to  seize,  take,  or  possess 
any  pro])erty  of  the  Ignited  States  contrary  to  the  authority  thereof; 
each  of  them  shall  be  punished  by  a  fine  of  not  less  than  five  hundred 
dollars  and  not  more  than  five  thousand  dollars  ;  or  by  imprisonment, 
with  or  without  hard  labor,  for  a  period  n  )fc  less  than  six  months,  nor 
more  than  six  years,  or  by  both  such  fine  and  imprisonment. 

31  July,  1861,  ch.  23,  v.  12,  p.  284. 
20  April.  1871,  s.  2,  v,  17,  p.  13. 

Sec.  5337.  Every  persoif  who  recruits  soldiers  or  sailors  within  the     Recruiting  aol- 
United  States  to  engage  in  armed  hostility  against  the  same,  or  who  diers  or  sailors  to 
opens  within  the  United  States  a  recruiting  station  for  the  enlistment  s^^y^^^^^lJ^^^^^*^® 
of  such  soldiers  or  sailors,  to  serve  in  any  manner  in  armed  hostility 
against  the  United  States,  shall  be  fined  not  less  thau  two  hundred  dol- 
lars, nor  more  than  one  thousand  dollars,  and  imprisoned  not  less  than 
one  year,  nor  more  than  five  years. 

6  Aug.,  1861,  8.  1,  V.  13,  p.  317. 

Sec.  5338.  Every  soldier  or  sailor  enlisted  or  engaged  within  the  Enlistment  to 
United  States,  with  intent  to  serve  in  armed  hostility  against  the  same,  ??^^t^^«fi°/*  *^® 
shall  be  punished  by  a  fine  of  one  hundred  dollars,  and  by  imprisonment     "^  *  ®^" 

not  less  than  one  year,  nor  more  than  three  years. 
Ibid,  8.  2. 

Sec.  5405.  If  two  or  more  x>ersons  in  any  State  or  Territory*  conspire  Title  70,  Chap.  4. 

to  deter,  by  force,  intimidation,  or  threat,  any  party  or  witness  in  any  -— .  .  ^ 

court  of  the  United  States  from  attending  such  court,  or  from  testify-  intiJlJfiat"party! 
lug  to  any  nuitter  pending  therein,  freely,  fully,  and  truthfullj',  or  to  witness,  or  juror! 
injure  such  party  or  witness  in  his  person  or  property  on  account  of  his 
having  so  attended  or  testified,  or  to  influence  the  verdict,  presentment, 
or  indictment  of  any  grand  or  petit  juror  in  any  such  court,  or  to  injure 
such  juror  in  his  person  or  property  on  account  of  any  verdict,  present- 
ment, or  indictment  lawfully  assented  to  by  him,  or  of  his  being  or  hav- 
ing been  such  juror,  each  of  such  persons  shall  be  punished  by  a  fine  of 
not  less  than  five  hundred  nor  more  ilian  five  thousand  dollars,  or  by 
imprisonment,  with  or  without  hard  labor,  not  less  than  six  months  nor 
more  thau  six  years,  or  by  both  such  fine  and  imprisonment. 
20  April,  1871,  s.  2.  v.  17,  p.  13. 

Sec.  5407.  If  two  or  more  persons  in  any  State  or  Territory  conspire     Conspiracy  to 
for  the  purpose  of  impeding,  hindering,  obstructing,  or  defeating,  in  any  defeat     enforce- 
manner,  the  due  course  of  justice  in  any  State  or  Territory,  with  intent  "^®°  °      ^  ^^*- 
to  deny  to  any  citizen  the  equal  protection  of  the  laws,  or  to  injure  him 
or  his  property  for  lawfully  enforcing,  or  attempting  to  enforce,  the  right 
of  any  person,  or  class  of  persons,  to  the  equal  protection  of  the  laws, 
each  of  such  persons  shall  be  punished  by  a  fine  of  not  less  than  five 
hundred  nor  more  than  five  thousand  dollars,  or  by  imprisonment,  with 
or  without  hard  labor,  not  less  than  six  months  nor  more  than  six  years, 
or  by  both  such  fine  and  imprisonment. 
Ibid. 

Sec.  5440.  If  two  or  more  persons  conspire  either  to  commit  any  offense  Title  10,  Chap.  5. 
against  the  United  States,  or  defraud  the  United  States  in  any  manner     j^q  parties  to  a 
or  for  any  purpose,  and  one  or  more  of  such  parties  do  any  act  to  efi^ect  conspiracy  eqnal- 
the  object  of  the  conspiracy,  all  the  parties  to  such  conspiracy  shall  ly  guilty. 
be  liable  to  a  penalty  of  not  more  than  ten  thousand  dollars  or  to  impris- 
onment for  not  more  than  two  years,  or  to  both  fine  and  imprisonment, 
in  the  discretion  of  the  court. 

2  March,  1867,  s.  30,  v.  14,  p.  484. 
17  May,  1879,  v.  21,  p.  4. 


310     TREASON,  RERELLION,  CONSPIRACY,  AND    INSURRECTION. 

Title  70,  Chap.  7.      Sec.  5518.  If  two  or  more  persons  in  any  State  or  Territory  conspire 

— ; to  prevent,  by  force,  intimidation,  or  threat,  any  person  from  accepting 

prevenr^accept^  ®^  holding  any  ofiBce,  trust,  or  place  of  confidence  under  the  United 

ing  or  holding  of- Stafes,  or  from  discharging  any  duties  thereof;  or  to  induce  by  like 

fice  under  United  means  any  officer  of  the  United  States  to  leave  any  State,  district,  or 

States.  place,  where  his  duties  as  an  officer  are  required  to  be  performed,  or  to 

injure  him  in  his  person  or  property  on  account  of  his  lawful  discharge 

of  the  duties  of  his  office,  or  while  engaged  in  the  lawful  discharge 

thereof,  or  to  injure  his  property  so  as  to  molest,  interrupt,  hinder,  or 

impede  him  in  the  discharge  of  his  official  duties ;  each  of  such  persons 

shall  be  punished  by  a  tine  of  not  less  than  five  hundred  nor  more  than 

five  thousand  dollars,  or  by  imprisonment,  with  or  without  bard  labor, 

not  less  than  six  months  nor  more  than  six  years,  or  by  both  such  fine 

and  imprisonment.     [See  $  5407.]  *      . 

31  Julv,  1861,  ch.  33,  v.  12,  p.  284. 
20  April,  1871,  8.  2,  v.  17,  p.  13. 

Conspiracy  to      Sec.  5519.  If  two  or  more  persons  in  any  State  or  Territory  conspire, 

deprive  any  per-  or  go  in  disguise  on  the  highway  or  on  the  premises  of  another,  for  the 

son  of  the  equal  pupp^^gg  ^f  depriving,  either  directly  or  indirectly,  any  person  or  class 

lawB?^  ^^^  °    ^^  of  persons  of  the  equal  protection  of  the  ^ws,  or  of  equal  privileges 

and  immunities  under  the  laws;  or  for  the  purpose  of  preventing  or 

hindering  the  constituted  authorities  of  any  State  or  Territory  from 

giving  or  securing  to  all  persons  within  such  State  or  Territory  the  equal 

protection  of  the  laws;  each  of  such  persons  shall  be  punished  by  a  fine 

of  not  less  than  five  hundred  nor  more  than  five  thousand  dollars,  or 

by  imprisonment,  with  or  without  hard  labor,  not  less  than  six  months 

nor  more  than  six  years,  or  by  both  such  fine  and  imprisonment.     [See 

$  5336.] 

20  April,  1871,  8.  2,  V.  17,  p.  13. 


SUPPLEMENT 


Pensions. 

Reserved  timber  lands. 

Public  printing. 

Assistant  surgeons  not  in  line  ol"  promotion. 

Disbursing  agents. 

Coaling  stations,  Isthmus  of  Panama. 

Wrecked  and  derelict  property. 

Prize-money  to  the  Wyoming. 

Extra  pay,  Mexican  war. 

Opinion.s— Court  of  Claims — 

Longevity  pay. 

Grades  in  the  Xavy. 

Retirement  of  warrant  o.^ticers. 


Opinions — Court  of  Claims— Continued. 

Rations  to  marine  officers. 

Mileage  to  officers,  Navy. 

Government  property — alienation. 

Decisions  of  Auditors. 

Retirement  of  officers. 

Retired  officers  not  to  act  as  counsel. 

Contracts  to  be  in  writing. 

Grovernment  liabilities. 
Assignment  of  prize-money,  (fee. 
Disbursing  officers. 
Ordnance  and  gunpowder. 
Decimal  system. 


PENSIONS. 

The  following  amendment  should  he  added  to  section  4702,  page  269. 

P^xcept  when  sncli  widow  has  continued  to  draw  the  periiSion  money     Amendment, 
after  her  remarriage,  in  contravention  of  law,  and  such  child  or   chil-  sec.  4702. 
dren  have  resided  with  and  been  supported  by  her,  their  pension  will 
commence  at  the  date  to  which  the  widow  was  last  paid. 

7  Aug.,  1882,  ch.  438,  v.  22,  p.  345. 

That  all  pensions  w  hich  have  been  granted  under  the  general  laws  25  January,  1879. 

regulating  pensions,  or  may  hereafter  be  granted,  in   consequence  of  ' ~ 

death  from  a  cause  which  originated  in  the  United  States  service  dur-  of  peSns."*^ 
ing  the  continuance  of  the  late  war  of  the  rebellion,  or  in  consequence 
of  wounds,  injuries,  or  disease  received  or  contracted  in  said  service 
during  said  war  of  the  rebellion,  shall  commence  from  the  date  of  the 
death  or  discharge  from  said  service  of  the  person  on  whose  account 
the  claim  has  been  or  shall  hereafter  be  grai^ted,  or  from  the  termina- 
tion of  the  right  of  the  party  having  prior  title  to  such  pension :  Pro- 
vided, The  rate  of  pension  for  the  intervening  time  for  which  arrears 
of  pension  are  hereby  granted  shall  be  the  same  per  month  for  which 
the  pension  was  originally  granted. 

25  Jan.,  1879,  ch.  23,  s.  1,  v.  20,  p.  265. 

That  the  rate  at  which  the  arrears  of  invalid  pensions  shall  be  allowed     3  March,  1879. 
and  computed  in  the  cases  which  have  been  or  shall  hereafter  b©  allowed     Arrears  of  nen- 
shall  be  graded  according  to  the  degree  of  the  pensioner's  disability  from  gions. 
time  to  time  and  the  provisions  of  the  pension  laws  in  force  over  the 
period  for  which  the  arrears  shall  be  computed. 

That  section  one  of  the  act  of  January  twenty-fifth,  eighteen  hundred 
aud  seventy-nine,  granting  arrears  of  pensions  shall  be  construed  to 
extend  to  and  include  pensions  on  account  of  soldiers  who  were  enlisted 
or  drafted  for  the  service  in  the  war  of  the  rebellion,  but  died  or  incurred 
disability  from  a  cause  originating  after  the  cessation  of  hostilities ; 
and  before  being  mustered  out :  Provided,  That  in  no  case  shall  arrears 
of  pensions  be  allowed  and  paid  from  a  time  prior  to  the  date  of  ac- 
tual disability. 

3  March.  1879,  ch.  187,  s.  1,  v.  20,  p.  469. 

All  pensions  which  have  been,  or  which  may  hereafter  be,  granted 
in  consequence  of  death  occurring  from  a  cause  which  originated  in 
the  service  since  the  fourth  day  of  March,  eighteen  hundred  and  sixty- 
one,  or  in  consequence  of  wounds  or  injuries  received  or  disease  con- 
tracted since  that  date  shall  commence  from  the  death  or  discharge  of 
the  person  on  whose  account  the  claim  has  been  or  is  hereafter  granted 
if  the  disability  occurred  prior  to  discharge,  and  if  such  disability  oc- 
curred after  the  discharge  then  from  the  date  of  actual  disability  or 
from  the  termination  of  the  right  of  party  having  prior  title  to  such 
pension  :  Provided,  The  application  for  such  pension  has  been  or  is  here- 
after filed  with  the  Commissioner  of  Pensions  prior  to  the  first  day  of 
July  eighteen  hundred  and  eighty,  otherwise  the  pension  shall  com- 

311 


312 


1 


mence  from  the  date  of  filing  the  applicatiou;  but  the  limiration  here- 
in prescribed  shall  not  apply  to  claims  by  or  in  behalf  of  insane  per- 
sons and  children  under  sixteen  years  of  age. 
lUd.,  8.  2. 

f^i8i2^^°^'  ^*^     '^"  ^^*  approved  March  9,  1878,  chap.  28,  vol.  20,  p.  97,  authorizes 
^         '  the  names  of  the  surviving  officers  and  men,  including  militia  and  vol- 

unteers, who  served  fourteen  days  in  the  war  with  Great  Britain  of 
1812,  or  who  were  in  any  engagement  and  were  honorably  discharged, 
and  the  surviving  widows  of  such,  to  be  placed  on  the  pension  rolls. 
It  also  restores  pensions  to  such  of  them  as  had  been  stricken  from  the 
rolls  for  engaging  in  the  rebellion  or  encouraging  it;  no  arrearages  to 
be  paid. 
Pensionsunder     The  fifth  section  of  the  act  approved  July  25,  1882,  chap.  349,  v.  22, 
•?lfact.s*°     ^^"'  P-  ^~^'  provides  "  that  no  person  who  is  now  receiving  or  shall  hereaf- 
ter receive  a  pension  under  a  special  act  shall  be  entitled  to  receive  in 
addition  thereto  a  pension  under  the  general  law,  unless  the  special  act 
expressly  states  that  the  pension  granted  thereby  is  in  addition  to  the 
pension  which  said  person  is  entitled  to  receive  under  the  general  law. 
Pension  for  loss     An  act  approved  March  3,  1879,  chap.  200,  v.  20,  p.  484,  provides  that 
«TP?^'^*  ^^  ^^"*^^  ^^^^  ^^*  ®^  "^"^^  ^^'  ^^' ^'  increasing  the  pensions  of  soldiers  and  sailors 
who  have  lost  both  their  hands,  or  both  their  feet,  or  the  sight  of  both 
eyes  in  the  service  of  the  country,  shall  be  so  construed  as  to  include 
all  soldiers  and  sailors  who  have  become  totally  blind  from  causes  oc- 
curring in  the  service  of  the  United  States. 


eyes. 


'3  March,  1878. 


RESERVED  TIMBER  LANDS. 

That  the  Secretary'  of  the  Navy  be,  and  he  is  hereby,  authorized  to 
*-^;        :      "T.      cause  an  examination  to  be  made  of  the  condition  of  all  lands  in  the 
of  timber  land8*in  State  of  Florida  which  have  been  set  apart  or  reserved  for  naval  pur- 
Florida,  poses,  excepting  the  reservation  upon  which  the  navy-yard  at  Peusacola 
is  located,  and  to  ascertain  whether  or  not  such  reserved  lands  are  or 
will  be  of  any  value  to  the  Government  of  the  United  States  for  naval 
purposes. 

Sec.  2.  That  all  of  said  lands  which,  in  the  judgment  of  the  Secre- 
tary of  the  Navy,  are  no  longer  required  for  naval  purposes  shall,  as 
soon  as  practicable,  be  ceftified  by  him  to  the  Secretary  of  the  Interior, 
and  be  subject  to  entry  and  sale  in  the  same  manner  and  under  the 
same  conditions  as  other  public  lands  of  the  United  States:  Provided, 
That  all  persons  who  have  in  good  faith  made  improvements  on  said 
reserved  lands  so  certified  at  the  time  of  the  passage  of  this  act,  and 
who  occupy  the  tame,  shall  be  entitled  to  purchase  the  part  or  parts 
so  occupied  and  improved  by  them,  not  to  exceed  one  hundred  and  sixty 
acres  to  any  one  person  at  one  dollar  and  twenty-five  cents  per  acre 
within  such  reasonable  time  as  may  be  fixed  by  the  Secretary  of  the 
Interior. 

Sec.  3.  That  the  sum  of  three  thousand  dollars,  or  much  thereof  as 
may  be  necessary,  is  hereby  appropriated,  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated,  to  enable  the  Secretary  of  the 
Navy  to  carry  out  the  provisions  of  this  act. 
3  March,  1879,  ch.  189,  v.  20,  p.  470. 

PUBLIC  PRINTING. 

Allotments.  The  act  of  March  3,  1883,  v.  22,  p.  629,  which  appropriates  for  print- 

ing and  binding  for  the  Executive  Departments,  provides  that  no 
more  than  an  allotment  of  one-half  of  the  sum  appropriated  shall 
be  expended  in  the  two  first  quarters  of  the  fiscal  year,  and  no  more 
than  one-fourth  thereof  in  either  of  the  two  last  quarters,  except  that 
in  addition  thereto  in  either  of  the  said  last  quarters  the  unexpended 
balances  of  allotments  for  preceding  quarters  may  be  expended. 

ASSISTANT  SURGEONS  (NOT  IN  LINE  OF  PROMOTION). 

3  March,  1883.  Pay  of  two  assistant  surgeons,  not  in  the  line  of  promotion,  who  shall 
hereafter,  after  fifteen  years'  service,  be  entitled  to  receive,  as  annual 
pay,  when  at  sea  two  thousand  one  hundred  dollars,  when  on  shore 
duty  one  thousand  eight  hundred  dollars,  and  when  on  leave  or  waiting 


Pay. 


3  March,  1883,  s.  1,  v.  22,  p.  472. 


313 


DISBURSING  AGENTS  OF  PUBLIC  BUILDINGS. 


An  act  approved  August  7,  1882,  chap.  433,  vol.  22,  p.  306,  provides  Compensation, 
that  ''any  disbursing  agent  who  has  been  or  may  be  appointed  to 
disburse  any  appropriation  for  any  United  States  court-house  and 
post-office,  or  other  buihling  or  grounds,  not  located  within  the  city 
of  Washington,  shall  be  entitled  to  the  compensation  allowed  by  law 
to  collectors  of  customs  for  such  amounts  as  have  been  or  may  he  dis- 
bursed. 

COALING  STATIONS  AT  ISTHMUS  OF  PANAMA. 

To  enable  the  Secretary  of  the  Navy  to  establish  at  the  Isthmus  of 
Panama  naval  stations  and  depots  of  coal  for  the  supply  of  steamships 
of  war,  two  hundred  thousand  dollars,  to  be  available  for  expenditure 
as  soon  as  suitable  arrangements  can  be  made  to  the  proposed  end. 
3  March,  1881.     Sundry  civil  act,  v.  21,  p.  448. 

WRECKED  AND  DERELICT  PROPERTY. 

Sec.  3755  of  the  Revised  Statutes  (resolution  of  21  June,  1870,  v.  16,     Duty  of  Sec  re- 
p.  380)  authorizes  the  Secretary  of  the  Treasury  to  make  such  contracts  taryoHheTrcaa- 
and  provisions  as  he  may  deem  for  the  interest  of  the  Government  for*^^^' 
the  preservation,  sale  ,or  collection  of  any  property,  or  the  proceeds 
thereof,  which  may  have  been  wrecked,  abandoned,  or  become  derelict, 
being  within  the  jurisdiction  of  the  United  States,,  and  which  ought  to 
come  to  the  United  States,     *     *     *     [But  see  following.] 

An  act  approved  June  14,  18o0,  sec.  4,  chap.  211,  v.  21,  p.  197,  pro-  D^,ty  of  the 
Tides  that  "  Avhenever  hereafter  the  navigation  of  any  river,  lake,  Secret'ryof  War. 
harbor,  bay,  or  other  navigable  water  of  the  United  States,  shall  be  ob- 
structed or  endangered  by  any  sunken  vessel  or  water-craft,  it  shall  be 
the  duty  of  the  Secretary  of  War,  upon  satisfactory  information  thereof, 
to  cause  reasonable  notice  of  not  less  than  thirty  days  to  be  given,  per- 
sonally or  by  publication  at  least  once  a  week  in  the  newspaper  pub- 
lished nearest  the  locality  of  such  sunken  vessel  or  craft,  to  all  persons 
interested  in  such  vessel  or  ctaft,  or  in  the  cargo  thereof,  of  the  purpose 
of  said  Secretary,  unless  such  vessel  or  craft  shall  be  removed  as  soon 
thereafter  as  practicable  by  the  parties  interested  therein,  to  cause  the 
same  to  be  removed."  If  not  removed  the  Secretary  treats  the  same  as 
abandoned  and  derelict,  and  prof*eeds  to  remove  it,  sells  it  to  the  highest 
bidder  for  cash,  after  due  notice,  and  deposits  the  proceeds  in  the 
Treasury  to  the  credit  of  a  fund  for  the  removal  of  such  obstructions  to 
navigation.  The  provisions  of  this  act  apply  to  all  such  wrecks  whether 
removed  under  this  or  any  other  act  of  Congress. 

An  act  of  August  2,  1882,  chap.  375,  v.  22,  p.  208,  enlarges  the  power 
given  the  Secretary  of  War  by  the  act  of  June  14, 1880,  so  that  he  may, 
in  his  discretion,  sell  and  dispose  of  any  such  vessel,  or  cargo,  or  prop- 
erty therein,  before  the  raising  or  removal  thereof. 

PRIZE-MONEY  TO  WYOMING  AND  TAKIANG. 

An  act  approved  February  22,  1883,  chap.  51,  vol.  22,  p.  421,  provides     Prize-moueyto 
for  payment  by  the  Secretary  of  the  Treasury  of  $140,000  to  the  officers  Wyoming,  &c. 
and  crew,  or  their  legal  representatives,  of  the  Wyoming  and  Takiang 
(latter  manned  from  the  Jamestown)  for  destruction  of  hostile  vessels 
in  the  straits  of  Simonoseki,  &c.,  in  1863,  to  be  distributed  in  the  same 
manner  as  prize-money. 

EXTRA  PAY,  MEXICAN  WAR. 

An  act  approved  February  19,  1879,  chap.  90,  v.  20,  p.  316,  provides  p Extra  pay  Mei- 
for  three  months'  extra  pay  (removing  limitations  contained  in  the  actican  war.' 
of  July  19,  1848)  to  those  who  served  in  the  Army,  Navy,  Marine  Corps, 
and  Revenue  Marine  in  the  war  with  Mexico. 

OPINIONS  OF  THE  COURT  OF  CLAIMS,  VOL.  18. 

Longevity  pay  for  officers  of  the  Navy  was  first  established  by  law     Longevity  pay. 
in  1835.     It  was  then  allowed  only  to  surgeons.     Officers  of  the  Navy 
on  the  retired  list  are  not  entitled   to  increase  of  pay  by  reason  of  Ion- 


314 

gevity  while  on  that  list.  Thei)erio(]8  of  tive  years'  service  mcutioned 
in  Rev.  Stat.,  sec.  lo5(),  for  increase  of  pay,  are  ''grades"  within  the 
meaning  of  Revised  Statutes,  sec.  1588. 

C.  C,  V.  18,  p.  Ill,  1883. 

Thomley's  case. 

Also,  p.  537,  Brown's  case. 

Grades  in  the  The  word  "  grade"  in  sec.  1588,  R.  S.,  refers  to  the  divisions  of  officer* 
^&^-  into  five  years'  periods  of  service.  An  officer  retired  in  the  third  period 

of  five  years'  service  is  entitled  to  75  per  cent,  of  the  8ea-X)ay  of  that 
pay  grade,  and  not  to  the  highest  pay  of  a  chief  engineer  who  ha» 
served  over  twenty  years.     [  Use  of  words  "  grade''  and  ''  rank  "  in  the 
several  statutes  relative  to  the  Navy  is  discussed  in  this  opinion.] 
C.  C,  V.  18,  p.  339.    Kutherford's  case. 
Grades  in  the     In  the  Navy  there  are  grades  for  duty,  for  honor,  and  for  pay,  some 
Navy.  |jy  name  and  others  hy  description.     A  lieutenant  has  a  grade  of  his 

class  and  also  a  grade  in  his  class  upon  which  his  pay  is  fixed,  depend- 
ing upon  length  of  service.     A  lieutenant  retired  in  the  first  five  yeara 
of  service  hecause  not  recommended  for  promotion,  is  entitled  to  one- 
half  of  his  sea-pay  at  the  time  of  retirement,  and  no  more. 
C.  C,  V.  18,  p.  347.    McClure's  case. 
Retirement  of     The  act  of  August  3,  1861,  chap.  42,  s.  23  (12,  Stat.  L.,  291,,  now  R.  S., 
warrant  oflBcers.  g^^^g  ^448, 1455),  applies  to  warrant  officers,  and  they  may  he  retired  the 
same  as  commissioned  officers.     The  President's  act  in  retiring  a  boat- 
swain in  1872  was  legal  and  valid. 

C.  C,  v.  18,  p.  537.    Browns  case. 
Rations  to  ma-     An  officer  in  the  Marine  Corps,  attached  to  a  sea-going  vessel,  is  not 
nne  otticers.         entitled  to  the  ration   allowed  by  R.  S.,  sec.  157H,  to  a  naval  officer  so 
attached;  he  is,  by  R.  S.,  sec.  1612,  subjected  to  the  provisions  of  R. 
S.,  sec.  1269.     [The  various  statutes  prior  to  the  Revised  Statutes  reg- 
ulating allowances  of  rations  to  officers  of  the  Army,  Navy,  and  Marine 
Corps  are  considered  and  examined  in  this  opinion.] 
C.  C,  V.  18,  p.  625.    Reid's  case. 
Mileage  to  offi-     The  act  of  1835  (4  Stat.  L.,  755),  which  provided  that  ten  cents  a 
^^^^'  mile  should  be  allowed  to  naval  officers  for  traveling  expenses  while 

traveling  under  orders,  made  no  distinction  between  traveling  in  or 
out  of  the  country.  That  provision  was  not  repealed  by  the  act  of 
April  17,  1866  (14  Stat.  L.,  38),  nor  by  the  act  of  July  15  1870  (16  Stat. 
L  .,  332),  and  was  in  force  during  the  period  of  the  claimant's  traveling 
in  1872.  So  settled  in  Temple's  case  (14  C.  C,  377  and  105,  U.  S.  R.,  97. ) 
C.  C,  V.  18,  p.  83.  Graham's  case. 

propertv""^^"*  No  public  officer,  without  express  authority  of  Congress,  has  a  right 
to  contract  for  the  alienation  of  any  property  of  the  Government  for 
any  purpose. 

C.  C,  T,  18,  p.  352.    Flores's  case. 

Decisions  of  It  is  no  part  of  the  duties  of  the  Auditors  (except  the  Sixth  Audi- 
Auditors.  ^Qj,^  ^Q  make  decisions  binding  in  any  way  upon  anybody,  and  their 
opinions  and  decisions  upon  controverted  questions,  if  they  choose  to 
give  them,  have  no  official  determining  force.  They  are  only  to  exam- 
ine accounts,  certify  balances,  and  transmit  them  to  the  proper  Comp- 
troller for  his  decision  thereon.  (R.  S.,  sees.  276-300.) 
C.  C,  V.  18,  p.  7C7.    Ridgeway's  case. 

Retirement  of  Congress  may  retire  an  officer  from  active  service  and  place  him  on 
ofBcers.  ^he  retired  list  with  a  rank  different  from  that  which  attaches  to  his 

office  by  general  laws,  and  may  change  the  mere  rank  of  an  officer  on 
the  active  or  retired  list  at  pleasure,  without  coming  in  conflict  with 
the  Constitution.  (Decisions  of  the  C.  C,  XV,  p.  151)  affirmed  by  Su- 
preme Court. 

C.  C,  Woods'  case,  v.  18,  p.  761. 

Retired  officers  A  retired  officer  of  the  Army  is  an  "officer  of  the  United  States'' 
not  to  act  as  ^itliin  the  meaning  of  R.  S.,8ec.  5498,  which  prohibits,  under  penalty 
connse  .  ^^  ^^^  ^^  imprisonment,  or  both,  every  such  officer  from  acting  as  an 

agent  or  attorney  for  prosecuting  any  claim  against  the  United  States, 
&c.  To  appear  and  argue  a  case  for  a  claimant  would  be  to  support  a 
claim  against  the  United  States,  and  would  subject  the  officer  to  the 
penalty  prescribed  by  statute. 

C.C.,v.  18.P.25.   Tyler's  case. 


315 

Negotiations,  correspondence,  proposals,  and  acceptances,  although  .  Contracts 
conducted  in  writing,  but  signed  only  in  part  by  one  party  and  in  part  ^°  ''ritmg. 
by  the  other,  are  not  sufficient  compliance  with  R.  S.,  sec.  3744,  to  con- 
stitute a  valid  contract  by  the  Secretaries  of  War,  Navy,  and  Interior, 
which  requires  such  contracts  to  be  "  reduced  to  writing  and  signed  by 
the  contracting  parties  with  their  names  at  the  end  thereof." 
C.  C,  V.  18,  p.  165.    Case  of  South  Boston  Iron  Co. 

The  liability  of  the  Government  does  not  generally  depend  upon  the     Liabilities  of 
amount  of  money  appropriated.     The  United  States  can  no  more  dis-  ***®  Government, 
charge  its  contracts  by  part  performance  than  can  an  individual  person 
do  so.     Congress  may  fail  to  appropriate  the  money  due  to  a  public 
creditor,  in  whole  or  in  part,  and  then  leave  the  public  officers  without 
authority  to  pay  him,  hut  the  liability  remains. 
C.  C,  V.  18,  p.  281.    Mitchell  et.  al. 

ASSIGNMENTS  OF  PRIZE-MONEY  AND  BOUNTY. 

Skc.  4G43.  Every  assignment  of  prize  or  bounty  money  due  to  per-     Assignments, 
sous  enlisted  in  the  naval  service,  and  all  powers  of  attorney  or  other  &c.,   of  prize- 
authority  to  draw,  receipt  for,  or  transfer  the  same,  shall  be  void  un-  ^^^"^  ^     '^  ° 
less  the  same  be  attested  hy  the  captain,  or  other  commanding  officer, 
and  the  paymaster.     [See  sec.  1430,  p.  92.] 
30  June,  1864,  s.  12,  v.  12,  p.  310. 

DISBURSING  OFFICERS. 

Sec.  3643.  All  persons  charged  by  law  with  the  safe-keeping,  trans-     Entry  of  re- 
fer and  disbursement  of  the  public  moneys,  other  than  those  connected  ^^^^Pts  and  pay- 
with  the  Post-Office  Department,  are  required  to  keep  an  accurate  ™^°  ^* 
entry  of  each  sum  received  and  of  each  payment  or  transfer. 
6  Aug.,  1846,  8.  16,  V.  9,  p.  63. 

ORDNANCE  AND  GUNPOWDER. 

The  words  "ordnance"  and  "gunpowder"  in  section  thirty-seven     5  Aug.,  1882. 

hundred  and  twenty-one  of  the  Revised  Statutes  shall  be  construed  to  ~^ : ; 

mean  offensive  and  defensive  arms,  ammunition  and  explosives,  the  ap-  wo/ds"*^  orV 
paratus  for  their  military  use,  and  thematerialsforproducing  the  whole,  nance"  and '  gnn- 
and  also  transportation,  necessary  information  concerning  them,  and  powder." 
whatever  is  requisite  in  military  experiments  with  them. 
5  Ang.,  1882,  chap.  391,  v.  22,  p.  288. 

DECIMAL  SYSTEM. 

Sec.  3563.  The  money  of  account  of  the  United  States  shall  he  ex-   Decimrl  svstem 
pressed  in  dollars  or  units,  dimes  or  tenths,  cents,  or  hundredths,  aud  established, 
mills  or  thousands,  a  dime  being  the  tenth  part  of  a  dollar,  a  cent  the 
hundredth  part  of  a  dollaj,  a  mill  the  thousandth  part  of  a  dollar ;  and 
all  accounts  in  the  public  offices  and  all  proceedinps  in  the  courts  shall 
he  kept  and  had  in  conformity  to  this  regulation. 
2  April'  1792,  s.  20,  v.  1,  p.  250. 

EXPLANATION. 

The  act  of  June  8,  1880,  establishing  the  office  of  Judge  Advocate- 
General  of  the  Navy  should  have  appeared  on  page  181,  under  Navy 
Department,  instead  of  on  page  109,  where  it  will  be  found. 

The  references  P.  E.  L.  are  to  the  Pamphlet  edition  of  the  Statutes 
at  Large,  which  are  now  embraced  in  vol.  22  of  the  Statutes.  The 
paging  corresponds  with  the  volume. 


•INDEX. 


[The  heavy-faced  figures  in  the  section  column  indicate  the  articles  for  the  government 

of  the  Navy,  section  1624.] 

A. 

iSfee.    Page. 
Abandoned  peopeety — 

collection  and  sale  of  (supplement) "^  ::^'    S^    313 

Absence — 

from  dvity  or  station  without  leave 8        10 

after  leave  has  expired 8        10 

from  command  without  leave,  reduction  to  ordinary  seamen 9        10 

of  memhers  of  general  courts-martial 45-47         17 

granting  leave  of,  discrimination  in  favor  of  faithful  and  obedient.  1431        92 

of  marine  officers  on  account  of  sickness  or  wounds 1265      116 

to  employes  in  the  Executive  Departments 145 

of  heads  of  Departments  and  Bureaus 177-179      146 

Abuse— 

of  inhabitants  on  shore,  or  subj ect  to  orders 8        10 

of  persons  on  vessels  under  convoy 8        10 

of  persons  taken  on  prizes 17        12 

ACCESSOEIES — 

to  piracy,  robbery,  &c 5323,5324      277 

Accidents — 

to  vessels,  report  to  be  made  to  collectors  of  customs 100 

Accounts — 

of  men  transferred  to  accompany  them 20        13 

balances  stated  by  accounting  officers,  conclusive  upon  Executive 

branch 191      125 

but  subject  to  revision  by  Congress  or  proper  courts 191      125 

head  of  Department  may  submit  facts  affecting  correctness.  _  191      125 
in  which  the  United  States  are  concerned  to  be  settled  in  the  Treas- 
ury Department 236      125 

in  matters  of,  fiscal  year  to  commence  Jvily  1 237      126 

to  be  settled  within  each  fiscal  year 250      126 

except  where  distances  make  extension  necessary 250      126 

for  which  President  may  fix  period  for  settlement 250      126 

reports  to  Congress  from  Auditors  charged  with  examination  of_  _  260      126 

settled  by  Auditors  to  be  examined  by  Comptrollers 273      126 

form  of  keeping  and  settling,  to  be  determined  by  Comptroller  _ .  273       126 

preservation  of,  to  be  superintended  by  Comptroller 273      126 

accruing  in  Navy  Department  to  be  received  and  examined  by 

Fourth  Auditor 277      127 

who  will  certify  and  transmit  to  Second  Comptroller  for  de- 
cision  277      127 

of  receipts  and  expenditures  of  public  money  to  be  kept  by 

Auditor 283      127 

317 


318  INDEX. 

Sec.  Page. 
Accounts— Continued. 

finally  adjusted  by  Comptroller  to  be  received  and  preserved  by 

Auditors 283  127 

adjustment  of,  under  general  account  of  advances 135 

in  examination  of,  Auditor  may  administer  oaths  .1 297  127 

of  lost  or  captured  vessels,  credits  to  paymaster 284  128 

accounting  oflScers  to  fix  day  of  loss 286  128 

last  quarterly  returns  basis  of  computation  of  credits 287  128 

compensation  to  seamen  for  loss  of  effects 288  128 

to  be  paid  to  widovr,  &c. ,  in  case  of  death 289  128 

compensation  to  officers  for  loss  of  effects 290  1 29 

schedule  and  certificate  required 290  129 

arrears  of,  Second  Comptroller  to  prescribe  rules  for  payment 274  126 

of  disbursements,  by  order  of  commanding  officer,  to  be  allowed. .  285  167 

commanding  officer  to  be  accountable 285  167 

balances  due  on,  suit  on  refusal  to  pay  over 957  167 

stay  of  proceedings  and  injunctions 957  167 

of  officers  in  arrears,  salary  not  to  be  paid  _ 1766  168 

defendant  may  ask  for  suit,  &c 1766  168 

of  money  not  authorized  as  salary,  to  be  rendered  monthly 3622  169 

to  be  sent  to  proper  bureau  within  10  days  after  expiration, 

and  passed  to  proper  accounting  officer 3622  169 

of  disbursing  officei-s  to  be  sent  direct  to  accounting  officer 3622  169 

failure  to  do  so  to  be  explained- 3622  169 

time  for  rendering,  may  be  extended  by  Secretary  of  the 

Treasury... 3622  169 

of  disbursements  to  be  rendered  according  to  appropriations 3623  169 

suit  to  be  instituted  on  failure  to  pay  over  balance  due  on 3624  169 

commission  of  officer  forfeited  in  case  of  judgment  against 

him 3624  170 

and  liable  to  interest  on  balance  until  paid 36*24  170 

failure  to  render,  according  to  law,  embezzlement 5491  171 

punishable  by  fine  and  imprisonment 5491  171 

in  suits,  transcript  of  books  evidence 5494  171 

presenting  false  receipts  and  vouchers  to  be  allowed  in  conversion.  5496  171 
Accounting  officees  {see  also  Accounts) — 

to  allow  disbursements  made  by  order  of  commanding  officer 285  167 

to  hold  commanding  officer  accountable 285  167 

to  withhold  salary  of  persons  in  arrears . 1766  168 

if  defendant  applies,  to  report  balance  to  Solicitor  for  suit 1766  168 

certain  accounts  to  be  passed  by  Bureaus  to  the . 3622  169 

accounts  of  disbursing  officers  to  be  rendered  to 3622  169 

penalty  for  failing  to  do  so 5491  171 

to  state  account  of  delinquents  for  suit 3625-3633  165,  6 

payment  by,  of  lost  or  stolen  checks 300,  3647  172,  3 

decisions  of  Auditors  not  binding 314 

ACCOUTEEMENTS — 

for  naval  detachments  co-operating  with  the  Army 1135  107 

soldiers  forbidden  to  sell,  furnished  them 3748  194 

embezzling,  misappropriating,  &c 5439  195 

Acknowledgments — 

before  whom  they  may  be  taken 1778  144 


INDEX.  319 

Sec.    Page. 
Acts  of  Congress — 

enacting  clause  prescribed 199 

construction  of,  editing,  publishing,  &c 202-3 

Action — 

neglecting  to  prepare  for,  punishment 4          9 

Acting  officers.     (See  Volunteer  service.  ) 
Admiral — 

grade  to  cease  on  becoming  vacant 1362        45 

one  allowed 1363        46 

allowed  a  secretary 1367        46 

with  rank  and  allowances  of  a  lieutenant 1367        46 

no  appointment  from  civil  life  when  on  sea  service,  May  4, 1878  46 

assignment  of  line  officer  as  secretary^  May  4,  1878 46 

pay  of,  thirteen  thousand  dollars 1556        65 

Admiral  (Vice) — 

grade  to  cease  on  becoming  vacant 1362        45 

one  allowed 1363        46 

allowed  a  secretary 1367        46 

with  rank  and  allowances  of  a  lieutenant 1367        46 

no  appointment  from  civil  life  when  on  sea  service 46 

assignment  of  line  officer  as.  May  4,  1878 46 

Admiral  (Rear) — 

one  allowed  on  active  list 1363        46 

selection  of,  during  war 1364        46 

during  peace 1366         46 

assignment  of  line  officers  as  secretaries  and  clerks  to 46 

Advances — 

of  money,  pay  officers  not  to  make 1389        63 

nor  of  articles  or  commodities 1389         63 

to  persons  in  the  naA^al  service 3648      170 

to  disbursing  officers  and  on  contracts 3648       170 

' '  general  account  of, ' '  provisions  concerning 135 

to  persons  on  distant  stations 1563      168 

Advancement  (for  heroism)  (.see  also  Promotion) — 

limiting  number  of  officers  not  to  preclude 1364         46 

of  marine  officers  for  distinguished  conduct 1605       109 

and  on  receiving  vote  of  thanks 1607      110 

limit  in  numbers  not  to  preclude 1597,1606  108-9 

Advertisements — 

when  they  may  be  omitted  (notes) 24 

written  authority  required  for  publishing 3828       129 

to  be  presented  with  bill  before  payment 3828       129 

what  may  be  published  in  District  of  Columbia,  July  31,  1878.  _  _  129 

price  for,  not  to  exceed  commercial  rates,  June  20,  1878 129 

to  be  sworn  to  by  publisher,  June  20,  1878 129 

Departments  may  provide  special  rates  for,  June  20,  1878 129 

to  appear  in  six  papers  in  District  of  Columbia,  January  21,  1881  129 

price  not  to  exceed  commercial  rates,  January  21,  1881 129 

to  be  published  in  accordance  with  section  3828,  January  21 , 

1881 129 

to  appear  for  all  purchases  and  contracts 3709       130 

'     except  for  personal  services 3709       130 

unless  exigencies  require  immediate  delivery 3709       130 


320  INDEX. 

Sec.    Page, 
Advertisements — Continued. 

to  appear  in  one  or  more  papers  where  supplies  are  to  be  furnished .  3718      ISO 

for  a  sufficient  time  previously  ._ 3709      130 

for  transportation  to  be  for  not  less  than  five  days 3718      130 

for  provisions,  &c.,  for  at  least  four  weeks 3718       130 

estimates  for,  to  be  given  in  detail 3666       131 

expenditures  to  be  accounted  for  by  each  Bureau 3666      131 

Affidavits — 

making  false,  to  procure  claims 5438      227 

Affirmation — 

meets  requirement  of  an  oath  under  the  statutes 199 

Agents — 

of  the  United  States  abroad,  to  disburse  money,  appointment  of-_  1550      138 

to  give  bond 3614      138 

special,  to  disburse  money,  to  give  bond 3614      138 

of  a  firm,  not  to  be  employed  to  do  business  with  it 1783      138 

penalty  for  so  acting 1783      138 

for  Executive  Departments  not  to  be  employed  beyond  provision  of 

law,  August  15,  1876  ._ 140 

public  officers  not  to  act  as,  for  claims 5498       155 

ex-employes  forbidden  to  act  as,  for  claims 190      152 

for  claims,  to  take  oath  of  allegiance 3478      154 

retired  officers  cannot  act  as 314 

Aid  or  executive — 

detail  of  line  officers  to  act  as 1469        47 

authority  and  orders  of 1469        47 

Aliens — 

punishment  for  depriving,  of  rights 5510        20 

how  they  may  become  citizens __  2165      256 

honorably  discharged  from  the  service  of  the  United  States  may 

become  citizens 2166      257 

minor  residents,  how  made  citizens 2167      257 

when  widows  and  children  of,  are  citizens 2168      257 

must  reside  within  U.  S.  five  years  before  admitted  to  citizenship-  2170      257 
subjects  of  other  countries  at  war  with  United  States  not  to  be- 
come citizens 2171      257 

enemies,  removal  of,  not  to  be  interfered  with 2171      257 

enemies,  removal  of,  in  time  of  war 4067      265 

time  allowed  for  departure 4068      266 

apprehension  of,  when  dangerous  to  the  public  peace 4069      266 

removal  of,  to  be  done  by  marshal 4070      266 

Allowances.     {See  Pay.) 
Ambulances — 

immunity  of,  in  operations  of  war 262 

American  Ephemeris.     (<S'ee  Nautical  Almanac.) 
American  growth  and  manufacture— 

hemp  and  its  preparations  to  be  of 3725        27 

preference  to,  in  purchases 3728        27 

bunting,  contracts  for,  in  open  market 3729        27 

Ammunition — 

wasting  or  permitting  waste  of 8        10 

misappropriating,  wrongfully  selling,  etc 14         11 

purchasing  or  receiving  from  those  not  authorized  to  sell 14        11 

unlawful  disposition  of,  by  persons  in  military  or  naval  service  __  5438,  5439      195 


INDEX. 


Amputations — 

rates  of  pension  in  cases  of 

Appointments — 

pay  from  acceptance  of 

except  when  bond  is  required 

opinions  and  decisions  relating  to,  notes 

to  fill  vacancies  during  recess  of  Senate 

accepting,  contrary  to  law 

making,  contrary  to  law 

Secretary  of  Treasury  to  be  notified  of,  &c 

Apprentices — 

seven  hundred  and  fifty  may  be  enlisted  annually 

to  serve  during  minority 

preference  to  honorably  discharged,  in  promoting 

to  be  between  14  and  18  years,  when  enlisted 

and  to  have  consent  of  parents  and  guardians 

minors  under  14  years  not  to  be  enlisted 

Appeopeiations — 

purchases,  &c. ,  not  to  be  made  without  adequate 

except  for  clothing,  fuel,  forage,  &c 

estimates  for,  for  Navy  Department,  to  be  furnished  Secretary  by 

bureaus 

in  communicating  estimates  of,  calculations  on  which  based  to 

be  stated 

for  printing  and  binding,  to  be  submitted 

estimates  for,  for  compensation,  to  be  founded  on  law 

estimates  for,  for  new  buildings,  to  be  accompanied  by  plans 

subsequent  estimates,  to  state  sums  expended,  Ac 

if  in  excess  of  original,  reasons  to  be  stated __ 

estimates  for,  if  unusual ,  to  be  explained 

as  well  as  variations  of  previous  ones,  and  new  items 

in  estimating  for,  amount  of,  outstanding  to  be  stated,  &c 

objects,  under  Navy  Department,  for  which  estimates  must  be 

given  in  detail ^ 

expenditures  to  be  accounted  for 

under  pay  of  Navy,  estimates  to  be  classified,  February  28, 1881  __ 

for  demands  and  claims  on  pension  fund 

annual  estimates  for,  to  be  submitted  through  Secretary  of  the 

Treasury 

to  be  included  in  the  book  of  estimates 

appropriations  by  former  acts  to  be  added 

estimates  for,  to  be  furnished  by  1st  of  October  annually,  March  3, 

1875 — 

extracts  from  report  to  be  published  with,  March  3,  1875 

to  be  drawn  from  Treasury  b}^  warrants,  upon  requisition 

countersigned  b^^  Comptroller  and  registered  by  Auditor 

warrants  to  specify  particular  appropriation  to  which  charge- 
able  

to  which  money  will  be  charged  on  the  orders 

for  Navy  Department,  to  be  under  control  of  the  Secretary  of  the 

Navy 

for  bureaus,  to  be  kept  separate  in  the  Treasury 

to  be  applied  solely  to  these  objects 

11181 21 


Sec. 

Page, 

271 

1560 

68 

1560 

6S 

104-148 

1761 

147' 

1771 

149- 

1772 

149 

1774 

149 

1417 

90 

1417 

90 

1417 

90 

1418 

91 

1419 

91 

1420 

91 

3732 

28- 

3732 

28 

430 

130 

3660 

130- 

3661 

130* 

3662 

131 

3663 

131 

3663 

131 

3663 

131 

3664 

131 

3664 

131 

3665 

131 

3666 

131 

3666 

131 

132- 

3667. 

132 

3669 

132 

3669 

132 

3670 

132 

132 

132 

3673 

132 

3673 

132 

3675 

133 

3675 

133 

3676 

13a 

3676 

133; 

3678 

135 

322 


INDEX. 


Sec.    Page,^ 


Appbopriations — Continued. 

not  to  be  exceeded  in  any  one  year 3679 

so  as  to  involve  Government  for  future  payment 3679 

for  commissions,  to  be  made  before  accounts  are  passed 3681 

for  contingent,  not  to  be  paid  for  ofiicial  compensation 3682 

special ,  not  to  be  available  for  more  than  two  years 3685 

without  further  provision  of  law 3685 

for  publishing  foreign  hydrographic  surveys,  when  to  be  applied.  3686 

board  to  be  ordered  to  report  on  data 3686 

of  a  permanent  annual  character,  indicated 3689 

balances  of  annual,  applicable  to  expenses  of  the  year  only 3690 

except  to  fulfill  contracts 3690 

or  in  case  of  permanent  or  indefinite  appropriations .  3690 

remainder  to  be  carried  to  surplus  fund 3690 

balances  not  drawn  against  for  two  years  to  go  to  surplus  fund  _  _  3691 

if  not  required  in  settlement  of  accounts 3691 

appropriations  for  public  debt  excepted 3691 

not  to  apply  to  permanent  specific  appropriations,  June  20,  1874 
nor  to  appropriations  for  harbors,  public  buildings,  &c., 

June  20, 1874 

nor  to  pay  of  Navy  and  Marine  Corps,  June  20, 1874 

nor  prevent  the  fulfillment  of  contracts,  June  20, 1874 

moneys  from  sale  of  condemned  clothing  to  revert  to  original 3692 

or  from  sale  of  materials,  &c. ,  exploring  expeditions 3692 

general  account  of  advances  to  be  kept,  June  12, 1878- 

provisions  concerning  the  same,  June  12, 1878 

expended  for  naval  service  to  be  reported  to  Congress  by  Secretary 

of  Treasury,  June  19,  1878 

balances  in  hand  of  disbursing  agents  to  be  appended,  June 

19,1878 

for  construction  of  buildings,  to  be  expended  within  limits 

style  and  title  of  acts,  making 

Aems — 

misappropriating,  applying  to  own  use,  «&c __  14 

purchasing  or  receiving,  from  those  not  authorized  to  sell 14 

soldiers  forbidden  to  sell,  furnished  them 3748 

pledging  or  selling,  by  persons  in  Army  or  Navy 5438 

issue  of,  by  Secretary  of  War  for  protection  of  public  property, 

March  1,  1879 

Army— 

transportation,  &c.,  for  naval  detachments  co-operating  with 1135 

also  with  rations 1143 

Arrest — 

by  order  of  commanding  oflBicer 24 

to  be  tried,  officer,  to  deliver  up  sword 44 

to  confine  himself  to  limits : 44 

marines  exempt  from  personal,  for  debt  or  contract ' 1610 

Arrears — 

the  Second  Comptroller  to  prescribe  rules  for  payment  of 274 

of  pensions,  payment  of  (supplement) 

Arson — 

of  buildings  in  navy-yards,  &c 5385,  5386 

of  vessels,  timber,  lumber,  &c 5386,  5387 


1( 
1( 

1^ 

11 

1' 

IK 


INDEX.  323 

Sec.    Page. 
Arsenals — 

murder  within,  punishment  of  death 5339      254 

wilfully  striking,  stabbing,  &c.,  within,  guilty  of  manslaughter. -  5341      254 
attempting  murder  or  manslaughter  within,  fine  and  imprison- 
ment  5342      254 

committing  rape  within,  punishment  of  death 5345      255 

maiming,  &c. ,  within,  fine  and  imprisonment 5348      255 

other  offenses  within,  not  described,  how  punished 5391       255 

Artificial  li3Ibs — 

conditions  on  which  furnished 4787        42 

classes  of  persons  entitled  to 4787        43 

commutation  in  money  for 4788-4790        43 

to  be  paid  by  Commissioner  of  Pensions 4789        43 

transportation  to  persons  entitled  to 4791        43 

Articles — 

governing  the  Navy 1624           7 

to  be  hung  up  and  read 20        13 

punishment  for  offenses  not  enumerated  in 22         13 

Assaulting — 

superior  officer,  how  punishable 4          8 

or  striking  persons  in  the  Navy 8        10 

persons  within  forts,  arsenals,  yards,  &c 5339,  5341,  5346  254,  5 

Assessments — 

for  political  purposes  forbidden,  August  15,  1876 ;  January  16, 

1883,  page  209 1546      207 

Assignment — 

of  wages  by  enlisted  men  ., 1576        70 

void  unless  attested  by  commander  and  paymaster 1576        70 

commanding  officer  to  discourage 1430        92 

of  pay  of  persons  in  Marine  Corps  not  valid  prior  to  discharge 1291       120 

of  claims  void  under  certain  circumstances 3477      153 

of  prize-money  and  bounty  (supplement) 315 

of  contracts 3737        28 

Asia — 

citizens  of  the  United  States  not  to  engage  in  the  coolie  trade 2158      301 

Assimilated  rank — 

«o  warrant  officers,  President  may  give 1491       102 

Assistant  paymasters.     {See  Paymasters,  assistant.) 
Assistant  engineers.     {See  Engineers,  assistant.) 
Assistant  Naval  constructors.     {See  Naval  constructors.  ) 
Assistant  surgeons.     {See  Surgeons,  assistant,) 
Asylums.     {See  Hospitals.  ) 
Attorney-General — 

to  report  on  validity  of  title  of  land  purchased 355        57 

district  attorneys  and  Departments  to  assent 355         57 

expenses  payable  from  contingent 355        57 

to  give  advice  when  required  by  President 354      136 

or  by  the  heads  of  Departments 356       136 

questions  of  law  to  be  sent  to,  by  Secretary  of  Navy  ._ 357       136 

and  referred  to  proper  officer  in  Department  of  Justice 357       136 

opinions  of  subordinates  to,  approved,  same  as  of  Attorney-Gen- 
eral   358       136 

<;onducting  and  arguing  of  suits  in  the   interest  of  the  United 

States 359       136 


324  INDEX. 

Attobney-General — Continued. 

may  require  any  solicitor  of  Department  to  perform  duty 

legal  services  by  officers  of  Department  of  Justice  without  fee 

may  employ  and  retain  counsellors  to  assist  district  attorneys 

shall  provide  services  of  counsel  for  Departments 

to  be  paid  on  his  certificate 

to  receive  a  commission  from  head  of  Department 

and  take  oath  taken  by  district  attorneys 

may  send  officers  of  Department  of  Justice  to  any  State 

who  shall  receive  actual  and  necessary  expenses 

account  of  which  to  be  vouched  by  affidavit 

to  cause  to  be  edited  and  printed  opinions  of  the  law  offices 

Attorneys  (powers  of).     (See  Powers  of  attorney.) 
Attorneys —    • 

for  the  Government  to  be  provided  by  the  Attorney-General 

heads  of  Departments  not  to  employ 

but  call  on  Department  of  Justice 

employed  by  Department  of  Justice,  when  extra  compensation  is 

allowed,  June  20,  1874 

for  claims  to  take  oath  of  allegiance 

who  may  administer  same 

public  officers  forbidden  to  act  as 

ex-employ 6s  in  Departments  not  to  act  as,  &c 

Auditors.     (*See  Accounts.) 
Awnings — 

estimates  for,  to  be  in  detail 

B. 

Bad  conduct  discharge — 

by  sentence  of  a  court-martial 

Baggage — 

allowance  for  transportation  of 

Band  (Marine) — 

pay  of,  performing  at  Capitol,  &c 

leader  and  members 

Bankers — 

receiving  unauthorized  deposits  of  public  funds,  guilty  of  embez- 
zlement   

Battle— 

treacherously  yielding  in,  punishment  for 

cowardice  or  negligence  in,  punishment  for 

deserting  duty  or  station,  punishment  for 

not  properly  obeying  orders  in  time  of,  punishment  for 

not  joining  in,  punishment  for 

Beans — 

allowance  in  Navy  ration I__ 

Benefit  of  Clergy— 

when  not  allowed 

Betraying  trust — 

corrupting  any  person  to 

in  time  of  war,  punishment  for 

Bids.     (5ee  Contracts.) 


Sec. 

Page. 

360 

137 

361 

137 

363 

137 

364 

137 

365 

137 

366 

137 

366 

137 

367 

137 

370 

[138 

370 

138 

383 

138 

187 

138 

189 

138 

189 

138 

72 

3478 

154 

3479 

154 

5498 

155 

190 

152 

3662 

132 

30 

14 

1566 

72 

1613 

114 

117 

• 

5497 

172 

4 

8 

4 

8 

4 

8 

4 

9 

4 

9 

1580 

83 

5329 

254 

5 

9 

4 

8 

INDEX.  325 

Sec.    Page. 

Biennial  Register — 

preparation  and  printing 510       188 

Bills  of  Health — 

estimate  for,  to  be  in  detail 3666      132 

Binding.     {See  Public  feinting.) 

Biscuit — 

allowance  in  Navy  ration 1580        83 

flour  for,  and  baking  of  - 3727        84 

Blue  Book  (Biennial  Register) — 

preparation  and  printing  of 510      188 

Board  of  Health.     (See  Quarantine.) 

Boards  of  Investigation — 

powers  of,  &c.,  note 19 

Board  of  Visitors — 

appointment  of,  to  Naval  Academy 54 

Boatswains.     [See  Warrant  officers.) 

Boiler  materials — 

may  be  purchased  at  lowest  market  price,  June  14,  1878 31 

to  be  subject  to  tests,  June  14,  1878 31 

Bonds— 

to  be  furnished  by  contractors 3719        26 

to  be  given  by  pay  officers  of  the  Navy  __ __ 1383        62 

to  be  renewed  when  Secretary  requires 1384        62 

to  be  given  by  special  agents,  disbursing  money 3614      138 

new  appointments  not  to  affect 1385        62 

disbursing  clerks  to  give 176      146 

civilian  storekeepers  on  foreign  stations  to  give 1415        56 

officers,  storekeepers,  on  foreign  stations  to  give 1439        57 

commencement  of  pay  of  officers,  giving 1560        68 

Books — 

Estimates  for,  to  be  given  in  detail 3666      131 

expenditure  to  be  accounted  for  by  each  bureau 3666      131 

Bounty  lands — 

classes  of  persons  entitled  to,  in  certain  wars 2418,  2419  210, 11 

mayreceive  Treasury  scrip,  instead 2418,2419  210,11 

militia  and  volunteers  in  war  of  1812,  entitled  to 2420      211 

military  land  bounty  received  under  prior  acts,  a  bar  to  receiving  2421      211 

period  of  captivity,  to  be  estimated  in  account  of  service 2422      211 

warrants  to  be  received  from  Department  of  the  Interior 2423      211 

widows  of  soldiers,  etc.,  entitled  to 2424      211 

additional  for  services  In  certain  wars 2425      211 

beneficiaries  under  this  section,  named 2426,2427  211,12 

in  case  of  death,  who  entitled 2428      212 

service  allowed  for  distance  traveled 2433      212 

desertion  or  dishonorable  discharge  forfeits  claim  to 2438      212 

to  Marine  Corps,  who  served  with  Army 212 

opinions  and  decisions,  concerning 213 

Bounty  (money) — 

on  enlistment,  to  be  fixed  by  President __  1569        92 

to  captors,  for  each  person  on  vessel  of  enemy 4635      213 

to  colored  persons  enlisted  in  the  Army  during  the  rebellion 4723      214 

to  persons  in  the  naval  service  during  the    rebellion,  1st  and  4th 

of  July,  1864.. _ 214 


326  INDEX. 

Sec.    Page. 
Bounty  (money) — Continued. 

opinions  and  decisions  relative  to  (notes) 21 4 

for  re-enlisting  under  honorable  discharge 1573        69 

assignment  of,  to  be  attested 4643      315 

Boxing  master — 

of  Naval  Academy,  pay  of 54 

Branding — 

punishment  by,  not  to  be  inflicted 49        17 

Bread — 

baking  of,  by  special  contract 3727        27 

allowance  of,  in  Navy  ration 1581        83 

flour  for  and  baking  of __  3727        84 

Brevets — 

conditions  on  which  conferred  on  officers  of  the  Marine  Corps 1209-1604       109 

to  date  from  particular  action 1210      109 

not  to  entitle  to  increased  pay 1264       109 

assignment  of  officers  according  to  brevet  rank 1211       109 

only  when  engaged  in  actual  hostilities,  March  3,  1883 109 

entitled  to  precedence  of  command 1211      109 

entitled  to  wear  uniform  of  actual  rank  only 1212       1 09 

and  to  be  addressed  in  same  way 1212      109 

Bribery — 

of  United  States  officers  and  Members  of  Congress 5450,  5451-5500      208 

Members  of  Congress  accepting  bribes,  punishment  for ,     5501       209 

disqualification  for  office 5502      209 

Bullion — 

merchant  vessels  to  transport,  for  the  United  States 4204      249 

to  receive  reasonable  compensation  therefor 4204      249 

Bunting — 

not  required  to  be  purchased  from  lowest  bidder 3721        26 

American,  may  be  procured  by  contract  in  open  market 3729        27 

Buoys — 

along  coasts,  in  harbors,  &c.,  to  be  placed  by  Light-House  Board.  4678      240 
Bureaus  (see  also  Navy  Department) — 

chiefs  of,  entitled  to  highest  sea  pay 1565        69 

selection  of  chiefs  of,  in  Navy  Department 420-426       181 

Butter — 

allowance  of,  in  Navy  ration 1580        83 

procurement  of .._ 3721-3726        84 


Cadet  engineers  (see  also  Naval  Academy)— 

no  more  appointments  to  be  made 

pay  of 

Cadet  midshipmen  (see  also  Naval  Academy) — 

no  more  to  be  appointed  ;  naval  cadets  substituted 

pay  of,  on  active  list 

Camp  equipage — 

to  be  furnished  naval  detachments  co-operating  with  the  Army__  1135      107 

Candles — 

for  yards,  estimates  for,  to  be  in  detail 3666       131 


1512 

51 

1556 

53 

1512 

51 

1556 

53 

INDEX.  327 

Sec.    Page. 

Capital  offenses — 

in  the  Navy,  what  constitutes 4          8 

sentences,  how  determined 50        17 

to  be  confirmed  by  President —  50        17 

counsel  to  be  provided  for  persons  indicted  for 1034      307 

Captains — 

forty-five  allowed  on  active  list. 1363        46 

pay  of,  on  the  active  list 1556        65 

on  the  retired  list 1588        70 

to  command  vessels  of  second  rate 1 1529        94 

Captivity — 

period  of,  counted  in  service  for  bounty  lands 2422      211 

Captured — 

continuation  of  pay  to,  crews  of  vessels 1575        69 

Captures — 

punishment  for  failing  to  make 4           8 

Carpenters.     (/See  Warrant  officers.) 

Carts — 

estimates  for,  to  be  in  detail 3666      131 

Cedar  timber.     {See  Keserved  lands.  ) 

Cemeteries  (national) — 

monuments,  headstones,  and  registers 4877        43 

who  may  be  buried  in 4878        44 

Certificates  of  merit — 

additional  pay  for,  in  the  Army 1285      118 

Challenge — 

sending  or  accepting,  to  fight  duel 8        10 

Chaplains — 

not  to  exceed  twenty-four  on  active  list 1395        22 

to  be  appointed  by  President  and  Senate 1395        22 

not  to  be  under  twenty-one  or  over  thirty-five  when  appointed  _  _  1396        22 

to  conduct  worship  according  to  forms  of  their  church 1397        22 

to  report  services  performed  annually 1398        22 

relative  rank  of,  on  active  list 1479        22 

rank  of,  when  retired  from  age  or  lenghth  of  service 1481        22 

pay  of,  on  the  active  list 1556        22 

Charwomen— 

number  and  pay  of,  in  Navy  Department  building 184 

Charts — 

preparation  of,  by  Hydrographic  OflSce 432        44 

disposition  of,  to  navigators 432        44 

at  cost  of  paper  and  printing,  February  14,1 879 45 

money  to  be  paid  into  Treasury 433        44 

of  foreign  surveys,  restriction  on  publishing 3686        44 

of  coast  surveys,  disposition  of 4691       216 

Charges — 

persons  ordered  to  trial  to  be  furnished  with  copies  of 43        16 

when  other,  may  be  preferred 43        16 

Checks  and  drafts — 

lost,  drawn  by  officers  no  longer  in  service,  how  paid 300,  3647  172-3 

issue  of  duplicates  after  six  months 3646      173 

or  within  three  years  from  date  of  original 3646      173 

upon  giving  bonds  with  security 3646      173 


328  INDEX. 

Sec.  Page. 
Checks  and  drafts— Continued. 

lost,  issue  not  to  ajDply  to  checks  exceeding  $3, 000 3646  173 

furnished  for  disbursement  to  be  collected,  &c 3651  174 

exchange  for  gold  and  silver  at  par  allowable 3651  174 

premium  from  sale  of,  to  be  accounted  for 3652  174 

outstanding  three  years  or  more  to  be  covered  into  Treasury 306  172 

to  credit  of  party  entitled  to  receive  pay  therefor 306  172 

and  to  appropriation  of  ' '  outstanding  liabilities  " 306  172 

issue  of  warrant  in  favor  of  payee  or  bona  fide  holder 307,  308  172-3 

disbursing  officers  to  make  return  of 310  173 

amounts  not  drawn  against  for  three  years  to  be  covered  into 

Treasury 309  173 

to  be  credited  to  the  officer  in  whose  name  they  stand 309  173 

speedy  presentation  of,  to  be  enforced  by  Secretary  of  the  Treas- 
ury  3645  173 

circulation  as  a  medium  to  be  guarded  against 3645  173 

Chief  constructor — 

Chief  of  Bureau  of  Construction  to  have  title  of 1471  55 

and  the  relative  rank  of  Commodore 1471  65 

and  the  highest  sea  pay  of  his  grade 1565  69 

Chief  clerks  (of  Departments  and  Bureaus) — 

to  supervise  duties  of  other  clerks 173  145 

and  see  that  they  are  faithfully  performed 173  145 

and  that  they  are  distributed  with  equality 174  145 

to  revise  distribution  from  time  to  time 174  145 

to  report  monthly  to  his  superi  or  any  defects 174  145 

which  report  the  head  of  Department  shall  examine,  &c-  175  145 
China — 

immigration  of  laborers  from,  suspended,  May  6, 1882 259 

involuntary  transportation  of  subj ects  of 2158,  21 63  301 

Citizenship — 

forfeited  by  deserters  not  returning  after  proclamation 1996  33 

disability  removed  if  serving  to  April  19,  1865 4749  34 

laws  relative  to  naturalization 2165-2174  256-8 

persons  born  in  United  States,  not  subject  to  foreign  power,  de- 
clared citizens 1992  258 

exclusive  of  Indians  not  taxed 1992  258 

and  Chinese,  May  6,  1882 258 

of  children  born  abroad 1993  258 

of  married  women 1994  258 

forfeited  by  deserters  under  certain  conditions 1996  258 

not  applicable  to  those  who  served  until  April  19,  1865 1997  259 

Civil  employes  (see  also  Civil  Service  and  Clerks) — 

of  Naval  Academy,  number  and  pay  of 54 

Civil  engineers — 

one  allowed  in  Bureau  of  Yards  and  Docks 416  23 

one  allowed  each  yard  where  required 1413  23 

to  be  appointed  by  the  President  and  Senate 1413  23 

relative  rank  of.  General  Orders  No.  263 1478  23 

pay  of,  on  the  active  list 1556  23 

Civil  rights  {see  also  Conspiracy) — 

punishment  for  depriving  citizens  of __ 5510  20 


INDEX.  329 

Sec.    Page. 
Civil  service  (see  also  Clerks) — 

President  to  prescribe  regulations  for  admission  to  the 1753      141 

and  to  appoint  Civil-Service  Commissioners,  January  16, 1883.  141 

Civil-Service  Commission,  salaries,  duties,  &c 141 

rules  to  carry  out  civil-service  act 141 

1.  Open  competitive  examinations  to  test  fitness 141 

to  be  practical  in  their  character 141 

and  to  relate  to  duties  to  be  performed 141 

2.  Selections  to  be  made  from  those  highest  graded _  _  _  141 

3.  Appointments  in  Departments  at  Washington  to  be  appor- 

tioned among  States,  &c 141 

applicants  to  make  oath  as  to  residence 141 

4.  Probationary  period  before  absolute  appointment 141 

5.  Persons  in,  not  under  obligation  to  contribute  to  political 

fund 141 

nor  to  render  any  political  service 141 

failure  to  do  either  not  to  w^ork  removal  or  prejudice 141 

6.  Civil  employes  not  to  use  authority  to  coerce  political  ac- 

tion  142 

7.  Non-competitive  examinations,  when  competent  persons 

fail  to  compete 142 

8.  Duties  of  appointing  power,  to  the  Commissioners 142 

to  notify  Commission  of  resignations,  removals,  &c 142 

commissioners  to  make  regulations  for  examinations 142 

subj  ect  to  the  rules  made  by  the  President 142 

to  make  investigations  touching  enforcement  of  rules 142 

to  make  annual  report  to  President 142 

places  of  meeting  of  board  of  examiners,  section  3 142 

penalty  for  corruptly  defeating  objects  of  Commission,  section  5__  142 

heads  of  Departments  may  revise  existing  classifications,  section  6-  143 

for  the  purpose  of  examinations - 143 

no  employment  or  promotion  without  examination  under  the  rules, 

section  7 143 

preference  to  the  honorably  discharged  from  Army  and  Navy,  un- 
affected by  the  act 

nor  is  the  President's  authority  under  section  1753 

habitual  use  of  intoxicating  liquors  a  bar  to  appointment,  sec- 
tion 8 

not  more  than  two  members  of  same  family  eligible,  section  9 

recommendations  of  Congressmen  not  to  be  considered,  section  10- 

except  as  to  character  or  residence  of  applicant,  section  10 

preference  to  the  honorably  discharged  from  wounds  or  disability, 

if  possessing  capacity  and  qualifications 

also  in  making  reductions  of  force,  August  15,  1876 

Claims — 

presentation  of  false  or  fraudulent 

conspiracy  to  procure  allowance  of  false 

procuring  or  advising  the  making  of  false  papers,  to  secure 

making  false  oath,  to  secure 

subpoena  of  witnesses  in  cases  of,  against  the  United  States 

compensation  to  witnesses 

failing  to  testify,  punishment 

Attorney-General,  to  furnish  professional  service  in  cases  of 


143 

143 

143 

143 

143 

143 

1754 

143 

1754 

143 

143 

14 

11 

14 

11 

14 

11 

14 

11 

184 

151 

185 

152 

186 

152 

187 

152 

330  INDEX. 

Sec.    Page. 
Claims — Continued. 

ex-employ6s  not  to  prosecute  certain,  within  two  years,  <&c 190      152 

nor  to  aid  in  their  prosecution 190      152 

by  or  against  United  States  to  be  adjusted  in  Treasury  Depart- 
ment   236      152 

compromise  of,  on  report  of  district  attorney 3469      153 

transfer  and  assignment  of,  void,  except,  &c 3477      153 

agents  prosecuting,  to  take  oath  of  allegiance 3478      153 

existing  prior  to  April  30,  1861,  not  to  be  paid  to  disloyal  parties.  3480      153 

pardon,  not  to  authorize  payments 3480      153 

exception  as  to  claims  founded  on  contracts,  &c 3480      153 

unlawfully  taking  or  using  public  papers  in  prosecuting 5454       153 

punishment  by  fine  and  imprisonment 5454      154 

officers  of  the  United  States  forbidden  to  act  as  agents  for 5498      155 

subject  to  fine  and  imprisonment 5498       155 

not  to  receive  compensation  in  matters  of 1 1782      207 

judgments  to  be  withheld  from  claimant  debtors  to  the  United 

States 155 

proceedings  when  claimant  denies  indebtedness 155 

claimant  entitled  to  interest  if  action  judgment  is  against 

United  States 155 

wilfully  made  for  more  than  is  due  not  to  be  allowed 155 

set-off  against,  when  claimant  owes  the  United  States,  March  3, 

1875 155 

presenting  or  causing  to  be  presented  false 5438      227 

Clerks  (Navy) — 

to  commanders  of  squadrons  and  vessels 46 

not  to  be  appointed  from  civil  life 46 

at  Naval  Academy,  pay  of 54 

to  pay  officers,  when  and  where  allowed 1386-1388        63 

to  commandants  of  yards  and  stations,  pay  of 1556        67 

paymasters,  pay  of 1556        68 

to  storekeepers  and  agents,  estimates  for,  to  be  in  detail 3666       132 

Clerks  (in  the  Executive  Departments)  {see  also  Civil  service) — 

arranged  into  first,  second,  third,  and  fourth  classes 163      139 

with  salaries  of  $1,200,  |1,400,  $1,600,  and  $1,800  respectively  167      139 

women  may  be  appointed  to  clerkships 165      139 

employed  in  subordinate  clerical  capacity  to  receive  $900 167      139 

and  as  copyists  and  counters,  the  same 167      139 

temporarily  employed,  to  receive  same  salaries  as  regulars 168      140 

number  regulated  by  the  appropriations 169      140 

and  only  at  such  rate  of  pay,  August  5,  1 882  _._ 140 

not  to  receive  extra  pay  unless  expressly  authorized 170      140 

not  to  be  paid  from  contingent  appropriations,  August  5,  1882 140 

not  to  be  detailed  from  outside  the  District  for  duty  therein, 

August  5,  1882 140 

except  temporary'  details  for  duty,  August  5,  1882 140 

lapsed  salaries  to  be  covered  into  the  Treasury,  August  5,  1882 141 

head  of  Department  may  alter  distribution  of,  among  bureaus 166      139 

not  to  be  employed  beyond  provision  of  law,  August  15,  1876 140 

preference  to  honorably  discharged  soldiers  and  sailors,  in  retention  143 

revision  of  classification  under  civil-service  rules 143 

head  of  Department  may  prescribe  regulations  to  govern 161       145 

and  for  care  and  preservation  of  records 161       145 


INDEX.  '      "^  ^ 


„n 


lontinuedT  <"y 


Clerks  (in  the  Executive  Departments)  (seealso  Civil  sicia  k  EJ—rContinnt 
not  less  than  seven  hours'  labor  required  of. 

except  Sundays  and  holidays 

hours  may  be  extended  or  limited  by  special  order 

when  extended,  no  additional  compensation  allowed 

absence  of,  not  to  exceed  thirty  days  in  any  one  year 

except  in  case  of  sickness 

or  without  pay i 

Clothing — 

misappropriating,  wrongfully  selling,  &c 14        11 

purchasing  or  receiving,  from  those  not  authorized  to  sell 14        11 

to  be  procured  after  advertisement 3718        25 

sales  from  condemned,  disposition  of  proceeds 3618      198 

may  be  procured  without  adequate  appropriation 3732        28 

not  to  exceed  necessities  of  the  current  year 3732        28 

for  cadets,  to  be  procured  by  storekeeper  at  Academy 1527        64 

Clothes — 

soldiers  selling,  furnished  them,  punishment  for 3748      194 

pledging,  &c. ,  by  persons  in  Army  or  Navy 5438       195 

Coal — 

for  use  by  Grovernment  in  District  of  Columbia,  how  procured 3711        32 

depots  of,  for  steamships  of  war 1552        97 

at  Isthmus  of  Panama  (supplement) 313 

Coaling  dock — 

at  Port  Royal,  erection  of 60 

Coal-heavers — 

additional  pay  to  seamen,  &c. ,  performing  duty  as 1570        69 

pay  and  bounty,  to  be  fixed  by  the  President 1569        60 

granting  of  honorable  discharges  to 1426        92 

bounty  pay  for  re-enlisting __  1573        69 

Coasters'  Harbor  Island — 

erection  of  wharf  and  boat-houses 60 

cession  by  State  accepted 60 

Coast  Survey — 

provisions  of  law  relative  to  the 4683-4691       215 

disposition  of  maps  and  charts 216 

Cocoa — 

allowance  of,  in  Navy  rations 1580        83 

Coins — 

gold,  standard  weight  and  denomination  of 3511       175 

silver,  denomination  and  weight  of 3513      175 

standard  of  both  gold  and  silver 3514      175 

minor,  denomination  and  alloy  of 3515      175 

inscriptions 3517       175 

adjustment  of  weights  of  gold 3535      176 

of  silver 3536       176 

of  minor 3537      176 

gold,  legal  tender  at  nominal  value 3585      176 

of  standard  silver,  one  dollar,  legal  tender,  at  nominal  value  (note)  _  176 

trade  dollar,  not  a  legal  tender  (note) 176 

exchange  of  minor  silver,  June  3,  1879 176 

minor  silver,  a  tender  not  exceeding  |10,  June  3,  1879 176 

value  of  foreign,  to  be  proclaimed  annually ___ 3564       176 


332 


INDEX. 


Coins — Continued. 

estimate  of,  January  1, 1883  (table) 

foreign,  received  for  dues,  to  be  recoined 

not  a  legal  tender  in  payment  of  debts 

sovereign  or  pound  sterling,  valuation  of 

of  Spain  and  Mexico,  rates  of  valuation 

Coin — 

merchant  vessels  to  transport,  for  the  United  States 

to  receive  reasonable  compensation  therefor 

Colleges — 

detail  of  engineers  as  professors  of 

Collisions — 

rules  of  the  sea  to  avoid 

ferfeiture  for  omission  of  lights 

reports  of  loss  of  property  or  lives  by 

Color — 

persons  not  to  be  deprived  of  rights  on  account  of 

CoLOES.     (^ee  Flags.) 

Combinations — 

joining  in  unlawful 

Commandants — 

of  yards,  to  be  selected  by  the  President 

Commanding  officers — 

to  show  good  example  of  virtue,  &c 

to  guard  against  immoral  practices 1 

to  inspect  conduct  of  those  under  them 

neglecting  to  overtake  and  capture  enemy 

neglecting  to  afford  relief  to  United  States  vessels  or  their  allies.  _ 

neglecting  to  prepare  for  action 

not  j  oining  in  battle 

failing  to  encourage  officers  and  men 

unlawful  combinations  against 

to  transmit  complete  prize-lists 

to  have  entry  on  books  of  all  men  received 

to  send  muster-rolls  of  crew  to  Department 

to  send  list  of  officers  and  passengers  to  Department 

to  note  on  ships'  books  desertions  and  deaths 

to  see  that  paymaster  secures  i^roperty  of  persons  dying 

not  to  receive  men  without  their  accounts 

to  send  accounts  with  men  transferred 

to  make  frequent  inspections  of  the  pro  vision? 

to  consult  with  surgeon  as  to  sanitary  condition  of  crew 

to  use  all  means  to  preserve  health  of  crew 

to  set  apart  convenient  place  for  the  sick 

to  attend,  or  appoint  some  one  to  attend,  final  paying  off  of  crew. 

to  cause  articles  Navy  to  be  hung  up  and  read 

authority  of,  over  crews  of  lost  vessels 

punishment  they  may  inflict 

to  be  entered  on  the  ship's  log 

when  to  exercise  consular  powers 

accountable  for  disbursements  upon  their  order 

duties  in  connection  with  prizes,  as  to  vessels  engaged  in  the  cooly 
trade 


Sec.    Page. 


3566 

177 

3584 

177 

3565 

177 

3567 

177 

4204 

249 

4204 

249 

4233 
4234 


5510 


39 

216 
218 
100 

20 


10 


1542 

58 

1 

8 

1 

8 

1 

8 

4 

9 

4 

9 

4 

9 

4 

9 

4 

9 

8 

10 

15 

12 

20 

12 

20 

13 

20 

13 

20 

13 

20 

13 

20 

13 

20 

13 

20 

13 

20 

13 

20 

13 

20 

13 

20 

13 

20 

13 

21 

13 

24 

14 

24 

14 

1433 

19 

285 

167 

2163 

302 

INDEX.  333 

Sec.    Page. 
Commanding  officers — Continued. 

to  discourage  sale  by  crew  of  wages,  prize-money,  &c 1430        92 

to  attest  assignment  of  prize-money  and  bounty .__ ^ 4643      313 

Commanders— 

eighty-five  allowed  on  the  active  list _ —  1363        46 

pay  of,  on  the  active  list 1556        65 

on  the  retired  list 1588        70 

to  command  vessels  of  third  rate 1529        94 

may  be  ordered  to  command  yards 1542        58 

Commissions — 

dates  of,  not  to  changed  by  benefit  of  continuous  service,  March 

3,  1883 _ -__  21 

not  to  be  changed  without  authority  of  law 1506        82 

opinions  and  decisions  concerning 104 

new  boards  not  to  affect  existing 1385        62 

Commissions  of  Inquiry — 

expense  not  to  be  allowed  without  appropriation 3681       133 

Commodores — 

tenallowed  on  the  active  list 1363        46 

pay  of,  on  the  active  list 1556        65 

on  the  retired  list 1588        70 

to  command  vessels  of  first  rate 1529        94 

Commute — 

officers  ordering  summary  courts  no  power  to,  sentences 33        15 

general  courts-martial  no  power  to,  sentences 54        18 

Commutation — 

officers  entitled  to,  for  rations 1578        83 

price  of  rations,  thirty  cents 1585        83 

Comptroller  {see  Accounts  and  Accounting  officers)— 

original  contracts  to  be  filed  in  office  of__ _- __  3743        29 

CCMPROMISE — 

of  claims,  on  report  of  district  or  special  attorneys 3469      153 

Confinement — 

by  order  of  commanding  officer 24        14 

by  a  sentence  of  summary  court 30        15 

forfeiture  of  pay  during  (note) 18 

no  other  punishment  than,  in  absence  of  commanding  officer 25        14 

Congress — 

officers  of  Government  not  to  contract  with  members  of. 3742        29 

members  of,  not  to  be  interested  in  contracts _- 3739        29 

exceptions  in  certain  cases 3740        29 

members  of  not  to  receive  money,  &c. ,  for  procuring  place  or  con- 
tract  1781      207 

nor  compensation  for  service  in  matters  before  the  Depart- 
ment  1782      207 

accepting  bribes,  &c. ,  punishment  for 5500,  5501  208-9 

disqualified  for  holding  office 5502       209 

Congressional  Directory — 

printing  and  distribution  of 77,  3801       188 

Conspiracy — 

to  overthrow  the  Government 5336       309 

or  delay  the  execution  of  the  laws . 5336,  5407      309 

to  intimidate  persons  before  the  courts 5406      309 


334  INDEX. 

Sec.  Page. 
Conspiracy — Continued. 

to  defraud  the  Grovernment,  all  parties  equally  guilty 5440  309 

to  prevent  acceptance  of  or  holding  office 551 8  310 

to  deprive  any  one  of  equal  protection  of  the  laws 5519  310 

to  defraud  the  United  States,  punishment  for 5440  228 

Constant  labor — 

extra  pay  to  marines  employed  in 1287  119 

Consular  officers — 

commanding  officers  authorized  to  exercise  powers  of 1433  19 

Navy  officers  accepting  appointment  as,  vacate  commissions 1440  19 

ships'  papers  to  be  deposited  with 4309  250 

to  obtain  clearance  for  vessels 4309  250 

vessels  to  have  tariff  of  fees  annex,  to  which  consuls  are  entitled ._  4207  250 

discharge  of  seamen  on  application  to 4580  246 

collection  of  extra  wages  due 4581  246 

to  be  paid  by  master  of  vessel 4582  246 

may  discharge  seamen  without  extra  wages,  &c 4583  246 

disposition  of  extra  wages  of  seamen  by 4584  246 

duties  as  to  seamen  impressed 4589  247 

deserters  to  be  reclaimed  by . 4600  247 

meaning  of  the  words,  defined 1674  219 

right  to  receive  protests  and  declarations  of  citizens  of  the  United 

States 1707  219 

to  keep  list  of  mariners  shipped  and  discharged 1708  219 

also  of  number  of  vessels  arriving  and  departing 1708  219 

and  nature  and  value  of  cargoes 1708  219 

duties  as  to  deceased  citizens  of  the  United  States 1709-1711  220 

making  false  certificate  of  property 1737  220 

when  they  may  perform  diplomatic  functions 1738  220 

depositions  may  be  taken  by 1750  221 

not  to  correspond  in  regard  to  afikirs  of  any  foreign  Government, 

June  17,  1874 1751  221 

to  take  charge  of  effects  of  deceased  merchant  seamen 4541  243 

to  be  present  at  shipment  of  merchant  seamen  abroad 4517  242 

money  paid  by,  to  American  seamen,  to  be  in  gold  or  its  equiva- 
lent   4548  244 

may  order  inspection  of  vessels  as  to  seaworthiness 4559  244 

to  provide  for  destitute  seamen 4577  245 

Construction  and  Repair — 

qualifications  for  appointment  as  chief  of 425  54 

to  have  rank  of  commodore,  title  of  chief  constructor 1471  55 

Contempt — 

treating  superior  officer  with 8  10 

Contempt  of  court — 

punishment  for 42  16 

courts  of  inquiry  may  punish  for 57  18 

Contingent — 

appropriations,  not  to  be  used  in  paying  Department  employes, 

August  5,1882 140 

allowance  of,  for  newspapers,  &c 192-1779  161-2 

papers  to  be  preserved  and  filed 192  161 

expenditure  of,  to  be  reported  to  Congrass  in  detail,  June  20, 1874,  193  161-2 

disbursing  officer  to  return  precise  statements  and  receipts 193  161 


INDEX. 


335 


Sec.  Page. 
Contingent — Continued. 

estimate  for,  to  be  furnished  Secretary  by  Bureaus 430  162 

failing  to  make  reports  of,  punishment  for 1780  162 

appropriations  for,  to  be  under  control  of  the  Secretary  of  the  Navy  3676  162 
not  to  be  paid  for  official  or  clerical  compensation,  August  7, 

1874 3682  162 

nor  for  personal  services  in  District  of  Columbia,  August  5, 

1882 162 

nor  for  purchase  of  articles  not  necessary  for  the  public  serv- 
ice  --  3683  162 

expenditures  to  be  by  written  order  of  the  Secretary 3683  162 

CONTKABAND  OF   WAR — 

contracts  for,  without  advertising 3721  26 

Contracts — 

to  be  advertised  for,  except  for  personal  services,  &c 3709  24 

and  other  articles  specified 3718  25 

articles  of  American  growth  and  manufacture  preferred  in  making.  3728  27 

relinquishment  of  reservations,  on 3730  27 

for  buildings  and  improvements,  not  to  exceed  appropriations 3733  28 

not  to  be  made  without  authority  of  law 3732  28 

except  for  clothing,  subsistence,  &c 3732  28 

for  stationery,  for  one  year  only 3735  28 

for  other  supplies,  for  one  year  only 3735  28 

not  to  be  transferred 3737  28 

members  of  Congress  not  to  be  interested  in 3739  29 

exceptions  in  certain  cases 3740  29 

contracts  to  contain  such  provision 374 1  29 

officers  of  the  Government  making,  with  Government 3742  29 

to  be  deposited  with  the  Second  Comptroller,  &c 3743  29 

to  be  reduced  to  writing 3744  29 

and  signed  by  contracting  parties : 3744  29 

copy  to  be  filed  in  Returns'  Office 3744  29 

oath  as  to  making,  &c --i 3745  30 

failure  to  make  return,  a  misdemeanor 3746  30 

printed  instructions  to  be  furnished  to  officers  making 3747  30 

copies  of,  may  be  furnished  by  Returns'  Office 515  30 

for  erection  or  repair  of  buildings  without  authority,  forbidden  _  _  5503  31 
for  rent  of  buildings  without  appropriation,  forbidden,  March  3, 

1877 31 

for  tobacco,  how  to  be  made,  March  3,  1880 31 

for  fuel,  for  use  in  the  District  of  Columbia 371 1-3713  32 

appropriations  available  for  fulfillment  of,  after  two  years 135 

for  site  of  buildings,  not  to  be  in  excess  of  appropriation 196 

in  which  members  of  Congress  are  interested,  void 1781  207-8 

members  of  Congress  not  to  receive  compensation  for  services  in 

procuring 1782-5500  207-8 

giving  money  to  secure,  forbidden 5451  208 

members  of  the  Light-House  Board,  not  to  be  interested  in 4680  240 

for  removing  wrecked  property 310 

to  be  in  writing,  and  signed  by  parties  (decision  C.  C. ) 315 

failure  to  fulfill,  &c. ,  opinions,  &c.  (notes) 24,  27 

assignment  and  transfer  of  (notes) 28 

when  executive  officers  may  have  interest  in 29 


336  INDEX. 

Sec.    Page. 
Convoy — 

failing  to  perform  duty  when  acting  as 8        10 

maltreating  officers  and  crews  of  vessels  under 8        10 

receiving  compensation  for  services  as 8        10 

CO-OPEKATION — 

of  Navy  or  Marine  Corps  with  the  Army 1135-1143      107 

of  Eevemie  Marine  with  the  Navy 1492      299 

COOLY  TBADE — 

provisions  of  law  relative  to  the 2158-2163  301-3 

Copies.     (5fec  Public  Records.  ) 

Copyists  (in  the  Departments) — 

women  employed  as,  to  receive  $900  per  annum 167       139 

number  and  pay  regulated  by  appropriations,  August  5,  1882 140 

not  to  be  paid  from  contingent  appropriations,  August  5, 1882 140 

nor  employed  beyond  provision  of  law.  August  15, 1876 140 

COBDAGE  (cotton) — 

authority  to  introduce  it  into  the  Navy,  June  10,  1880 31 

Corporations — 

members  of,  not  to  be  employed  as  agents  to  do  business  with  such .  1783      138 

contracts  with _.  3740        29 

Corporal  punishment — 

when  adj  udged  with  pecuniary,  may  be  remitted 5330      254 

Correspondence — 

by  consular  and  diplomatic  officers  on  matters  of  foreign  Govern- 
ments forbidden 1751       221 

to  disturb  the  peace,  with  Indians,  penalty 2111,  2112      307 

with  foreign  nations,  to  incite  Indians  to  war 2113      307 

criminal,  with  foreign  Governments 5335      308 

Corruption  of  blood — 

no  conviction  or  judgment  to  work 5326      254 

Cotton  cordage — 

authority  to  introduce  it  into  the  Navy,  June  10,  1880 31 

Counsel — 

to  be  assigned  to  persons  charged  with  capital  crimes 1034      307 

employment  of,  by  Department  of  Justice 363,  364      137 

retired  officers  cannot  act  as,  against  United  States 314 

Counterfeiting — 

signatures,  &c. ,  to  secure  payment  of  claims 14         11 

in  various  ways,  punishment  for 227-9 

Court  of  Claims— 

in  suits  before,  Attorney-General  to  furnish  Departments  with  copy 

ofpetition 188      156 

Departments  to  furnish  Attorney-General  with  statement  of 

facts,  &c. 188       156 

stating  cause,  &c. ,  if  claim  was  rejected 188      156 

in  cases  of  same  class,  statement  of  one  to  suffice 188       156 

matters  over  which  it  has  jurisdiction 1059  1 56-7 

transmission  of  claims  from  Congress 1060      157 

judgments  for  set-offs  or  counter-claims 1 061       1 57 

losses  by  paymasters,  &c. ,  decrees  to  be  paid 1062      157 

claims  involving  disputed  facts,  to  be  referred  by  Departments.- .  1063       157 

or  where  decision  will  affect  a  class  of  cases 1 063      158 

or  where  authority,  right,  &c.,  is  denied  under  Constitution  -  1063      158 


INDEX, 


Court  of  Claims — Continued. 

and  where  courts  can  take  jurisdiction  on  voluntary  action  of 

claimants 

cases  transmitted  on  certificate  of  Auditor  or  Comptroller 

payment  of  final  judgment  on  decrees 

claims  pending  in  other  courts,  not  to  be  presented 

limitation  for  presentation  of  claims 

exceptions  specified 

what  the  petition  shall  set  forth 

disloyal  claimants,  dismissal  of  petition 

burden  of  proof  as  to  loyalty 

power  to  call  on  the  Departments  for  informtion 

fraud  in  proof,  &c.,  to  forfeit  claim 

new  trial,  on  motion  of  claimant . 

on  motion  of  the  United  States 

payment  of  final  j  udgments  on  appeal  to  Supreme  Court 

when  interest  shall  be  allowed 

interest  not  allowed,  on  judgment  of  Court  of  Claims 

unless  upon  express  contracts 

payment  of  judgment,  a  full  discharge 

cost  of  printing  record,  to  be  taxed  against  losing  party 

fraudulently  claiming  more  than  is  due,  claim  not  to  be  allowed  _ 
matters  or  claims  before  Congress,  may  be  referred,  March  3,  1883 

also  those  before  the  Departments,  March  3, 1883 

jurisdiction  does  not  extend  to  claims  for  destruction  of  property 
during  the  rebellion 

nor  for  occupation  and  use  of  real  estate  at  seat  of  war 

nor  to  claims  barred  by  provisions  of  law 

nor  to  disloyal  claimants 

defense  of  the  United  States,  to  be  conducted  by  Attorney-Gen- 
eral and  assistants 

parties  in  interest  may  testify 

continuation  of  reports  until  final  action 

Courts  of  inquiry — 

by  whom  they  may  be  ordered 

of  whom  they  shall  consist 

may  summon  witinesses,  administer  oaths,  and  punish  contempts 

shall  only  state  facts 

not  to  give  opinion  unless  required 

oath  to  be  administered  to  members  by  judge-advocate 

to  be  administered  to  j udge-advocate 

rights  of  party  whose  conduct  is  inquired  into 

proceedings,  in  what  manner  authenticated 

to  be  evidence  before  courts-martial  in  cases  not  capital 

to  be  transmitted  to  Judge- Advocate-General  of  the  Navy 

(foot-note) , 

nature  and  character  of  (note) 

parties  not  entitled  to  record  of,  as  a  right  (note) 

character,  scope,  &c.  (notes) 

Courts-martial,  general — 

by  whom  convened 

commander  in  waters  of  United  States  not  to  convene,  except  by 

express  authority  of  President 

11181 22 


337 

Sec. 

Page. 

1063 

158 

1064 

158 

1065 

158 

1067 

158 

1069 

158 

1069 

158 

1072 

159 

1073 

159 

1074 

159 

1076 

159 

1086 

159 

1087 

159 

1088 

159 

1089 

160 

1090 

160 

1091 

160 

10^1 

160 

1092 

160 

160 

160 

160 

160 

161 

161 

161 

161 

161 

161 

161 

55 

18 

56 

18 

57 

18 

57 

18 

57 

18 

58 

18 

58 

18 

59 

18 

60 

19 

60 

19 

16 

19 

19 

19 

38 

16 

38 

16 

338 


INDEX. 


COUETS-MAKTIAL,  GENERALr-Continuecl. 

of  whom  they  shall  consist 

not  more  than  one-half  members  to  be  junior  to  officer  tried 

senior  officer  to  preside,  members  to  rank  by  seniority 

oath  to  be  administered  by  president  to  judge-advocate 

oath  to  be  administered  to  members  by  judge-advocate 

oath  to  be  administered  to  witnesses  by  the  president 

refusing  to  testify,  or  prevaricating  before,  punishable 

accused  to  be  furnished  with  copy  of  charges 

none  other  to  be  preferred,  except,  &c 

new  charges,  reasonable  time  for  defense 

accused,  at  own  request,  a  competent  witness 

fe,ilure  to  request,  not  presumptive  evidence  against  him 

officer  arrested  for  trial  by,  to  deliver  up  sword 

to  confine  himself  to  limits  assigned 

proceedings  of,  when  commenced,  not  to  be  suspended  or  de- 
layed  

court  to  sit  daily,  except  Sundays,  unless  adjourned  by  proper 

authority 

members  of,  not  to  absent  themselves,  except  in  case  of  sickness.  . 

or  are  ordered  to  go  on  duty 

members  absent,  witnesses  to  be  recalled  when  they  resume 

testimony  to  be  read  over 

witness  to  acknowledge  the  same,  &c 

in  sentence  of  suspension,  pay  and  emoluments  may  be  included, 
not  to  inflict  punishment  by  branding,  marking,  flogging,  or  tat- 
tooing   

death  sentence  to  be  concurred  in  by  two-thirds  of  the  members  . 

to  be  inflicted  only  in  cases  provided  for  in  the  Articles 

sentences,  except  death,  to  be  determined  by  a  majority  of  mem- 
bers   

to  adjudge  punishment  adequate  to  offense 

may  recommend  person  convicted  to  clemency 

reasons  to  be  stated  on  record 

judgment  to  be  authenticated  by  signatures  of  president,  mem- 
bers, and  judge-advocate 

sentence  to  loss  of  life  to  be  confirmed  by  President  of  the  United 

States 

sentence  of  dismissal  of  commissioned  or  warrant  officer  to  be  con- 
firmed by  President  of  the  United  States 

other  sentences  may  be  executed  on  confirmation  of  officer  order- 
ing court 

officer  authorized  to  convene,  may  reverse,  remit,  or  mitigate 

but  is  not  to  commute 

proceedings  to  be  sent  to  Judge- Advocate-General  (foot  note) 

opinions  and  decisions  regarding  (notes) 

persons  concerned  entitled  to  copy  of  proceedings  (note) 

officers  of  Marine  Corps  may  associate  with  Army  officers  on 

perjury  committed  before,  in  prosecutions,  offense  set  forth  suffi- 
cient   . 

Courts-martial,  summary — 

by  whom  ordered 

of  whom  to  consist 


•ec. 

Page. 

39 

16 

39 

16 

39 

16 

40 

16 

40 

16 

41 

16 

42 

16 

43 

16 

43 

16 

43 

17 

43 

17 

43 

17 

44 

17 

44 

17 

45 


52 


53 


53 


17 


45 

17 

46 

17 

46 

17 

47 

17 

47 

17 

47 

17 

48 

17 

49 

17 

50 

17 

50 

17 

50 

17 

50 

17 

51 

17 

51 

17 

17 


17 


17 


53 

17 

54 

18 

54 

18 

16 

18 

18 

1342 

107 

1023 

275 

26 

14 

27 

14 

INDEX.  339 

Sec.    Page. 
COUETS-MAETIAL,  SUMMARY — Continued. 

oath  of  members  and  recorder 28  14 

testimony  before,  to  be  given  orally 29  14 

punishments,  they  may  inflict 30  14 

may  disrate  for  incompetency 31  15 

execution  of  sentenceof 32  15 

sentence  of,  involving  loss  of  pay 32  15 

remission  of  sentence  of,  by  officer  ordering 33  15 

submission  of  case  to  another  court 33  15 

sentenceof,  producing  serious  injury 33  15 

proceedings  of,  to  be  conducted  with  conciseness 34  15 

to  be  transmitted  to  Judge- Advocate-General  (note) 16 

punishments  of,  may  be  inflicted  by  a  general  court-martial 35  15 

Cowardice — 

in  time  of  battle,  punishment  for 4  8 

Crew— 

muster  rolls  of,  to  be  sent  to  Department 20  13 

sanitary  condition  of,  to  be  preserved 20  13 

place  to  be  set  apart  for  sick  and  disabled 20  13 

attendance  at  final  paying  off"  of 20  13 

of  vessels  lost,  authority  of  officers  over 21  13 

Cruise — 

meaning  of  the  word  (note) 97 

Cruelty — 

to  persons  subject  to  orders 8  10 

B. 

Death — 

punishment  of,  by  sentence  of  courts-martial 4      8- 

sentence  of,  to  require  concurrence  of  two-thirds  of  members  of 

court 50  17 

and  in  cases  only  as  provided  in  the  Articles 50  17 

to  be  confirmed  by  the  President  of  the  United  States 53  17 

punishment  by,  to  be  by  hanging 5225  254 

benefit  of  clergy  not  allowed •  5329  254 

body  may  be  delivered  for  dissection 5340  254 

crimes  for  which  it  may  be  inflicted 1624,  5339,  5345  253-4-6 

Deaths— 

to  be  monthly  noted  on  ship's  books 20  13 

property  to  be  taken  care  of  by  paymaster 20  13 

Debt — 

marines  exempt  from  personal  arrest  for 1610  110 

Debts  (due  the  United  States) — 

priority  given  to  the  United  States  in  insolvent  cases 3466  163 

or  when  estate  is  insufficient  to  pay  all  claims 3466  163 

executors  failing  to  satisfy  debts  due  United  States  liable  __ 3467  163 

sureties  on  bond  satisfying  the  United  States  to  have  priority 

against  estate. __ 3468  163 

may  bring  suit  upon  the  bond  to  recover 3468  163 

compromise  of,  on  report  of  district  attorneys  or  special  agents —  3469  163 

not  applicable  to  claims  under  postal  laws 3469  163 

at  sales  on  executions,  the  United  States  may  be  purchaser 3470  163 

but  not  at  greater  sum  than  the  judgment 3470  163 


340  INDEX. 


Sec.    Page. 


3471 

163 

3472 

164 

164 

164 

164 

164 

3563 

315 

21 

21 

Debts  (due  the  United  States) — Contimied. 

poor  debtors,  proceedings  in  case  of 

imprisoned  debtors,  discharge  of,  by  the  President 

due  by  claimants,  to  be  set  off  in  adjustment,  March  3, 1875 

refusing  to  the  set-off.  Government  to  withhold  amount 

and  institute  suit  for  recovery 

judgment  against  United  States,  balance  with  interest  to  be  paid 
over  _._ _ 

Decimal  system — 

money  accounts  to  be  expressed  in  (supplement) 

Decorations  (by  foreign  Governments) — 

not  to  be  publicly  shown  or  exposed,  January  31, 1881 

to  be  presented  through  Department  of  State,  January  31, 1881  _. 
not  to  be  delivered  without  authority  of  Congress,  January  31, 

1881 21 

Defaulters,    (/^ee  Disbursing  officers.) 

Deflective  turret — 

appropriation  for  testing  Clark's 99 

Dentist — 

of  Naval  Academy,  pay  of 54 

Department  of  the  Navy.     (Sec  Navy  Department.) 

Department  of  Justice  {see  also  Attorney-General) — 

attorneys  employed  by,  may  be  allowed  extra  compensation 72 

Departments  {see  also  Clerks  and  Civil  service) — 

regulations  may  be  prescribed  by  the  heads  of,  for  their  govern- 
ment  _ 161       145 

temporary  vacancies  in,     {See  under  Vacancies.) 

report  of  employes  in,  to  be  made  annually  to  Congress 

officers  acting  without  authority  in,  not  to  be  paid 

unless  office  is  subsequently  sanctioned  by  Congress 

employ^  not  to  solicit  contributions  for  making  presents,  &c 

political  contributions  in  the,  forbidden 

(iSee  Tenure  of  office  and  Vacancies.) 

Derelict — 

what  constitutes  a  maritime  (note) 

care  and  disposition  of  property  (supplement) 

Desiccated — 

vegetables,  how  they  may  be  procured 

potatoes,  apart  of  the  Navy  ration 

tomatoes,  substitute  for  potatoes 

Descriptive  list — 

of  persons  received  on  ship  board 

of  men  transferred 

Deserter — 

officer  quitting  post  before  resignation  is  accepted,  declared  a 

not  returning,  after  proclamation,  forfeit  citizenship 

and  to  be  incapable  of  holding  office 

certain  soldiers  and  sailors  excepted: 

Deserters — 

punishment  for  receiving  and  entertaining 

failing  to  give  notice  as  to 

enlistment  of,  forbidden 

from  naval  or  military  service  not  to  be  enlisted 


194 

146 

1760 

147 

1760 

147 

1784 

208 

209 

291 

313 

3726 

27 

1580 

83 

84 

20 

12 

20 

13 

10 

10 

1996 

33 

1996 

34 

1997 

34 

8 

10 

8 

10 

19 

12 

1420 

33 

INDEX.  341 

Sec.    Page. 
Deserters — Continued. 

sailors  and  soldiers  faithfully  serving  to  April  19, 1865,  not  deemed.  4749        34 

but  forfeiture  of  pension  not  remitted 4749        34 

construed  solely  as  a  removal  of  disability  from  loss  of  citizen- 
ship  -- 4749        34 

fine  and  imprisonment  for  harboring 5455        34 

effect  of  pardon  in  cases  of  (notes) ___  34 

apprehending  of,  estimates  for,  to  be  in  detail __  3666      132 

Deserting — 

duty  or  station,  in  battle,  punishment  for 4          9 

Desertion — 

or  enticing  desertion  in  time  of  war,  punishment  for 4          8 

or  enticing  desertion  in  time  of  peace,  how  punished 8        10 

penalty  for  enticing 1553        33 

to  be  entered  on  ship's  books 20        13 

pardons  by  the  President  in  cases  of  (notes) 34 

fine  and  imprisonment  for  enticing  or  procuring 5465        34 

effect  of  pardon  and  forfeiture,  in  cases  of  (notes) 34 

forfeits  claim  to  bounty  land 2438      212 

of  merchant  seamen  in  foreign  ports 5280      224 

Destitute  seamen,     {See  Merchant  service.) 
Detention — 

additional  pay  to  enlisted  men  for  period  of ! 1572        69 

Dies — 

of  a  national  character,  execution  of  at  the  mints 3551       180 

Diplomatic  service  (see  aUo  Consular  officers) — 

officers  of  Navy  accepting  appointment  in,  regarded  as  resigning.  _  1440        19 
Disability.     (>S'ee  Pensions.) 
Disaffection— 

in  time  of  battle,  punishment  for 4          8 

Disbursing  clerks — 

to  be  appointed  from  fourth  class 176      146 

to  give  bond 176      156 

which  may  be  increased  and  renewed 176      146 

to  recei  ve  additional  compensation 176      146 

to  superintend  building,  when  directed 176      146 

Disbursing  officers  {see  also  Distress  warrants  and  Embezzle- 
ment)— 
balance  on  hand,  statement  to  be  submitted  to  Congress  by  Sec- 
retary Treasury 135» 

losing  Government  funds,  &c.,  recourse  to  Court  of  Claims 1059      156 

payment  of  decrees  by  accounting  officers 1062      157 

to  make  precise  statements  of  expenditure  of  contingent  funds 193      161 

distress  warrants  may  issue  against  delinquent 3625-3638  165-7 

disbursements  by,  on  order  of  commanding  officer,  to  be  allowed..  285      167 

on  satisfactory  evidence  of  the  order  and  disbursement 285      167 

commanding  officer  to  be  held  responsible 285      167 

delinquent,  court  to  grant  j  udgment  at  return  term 957      167 

unless  defendant  claims  credits  under  oath 957      167 

when  continuance  may  be  granted  to  next  term 957      167 

continuance  when  defendant  pleads  non  est  factum,  &c  .  _  957      167 

not  to  advance  or  loan  money,  public  or  private 1389,  3639,  5488  167-70 

advances  to,  by  order  of  the  President 1563,  3648  168-70 


342 


INDEX. 


Sec.    Page. 
Disbursing  officers— Continued. 

abroad,  to  be  appointed  by  President  and  Senate ..  1550  168 

special  to  give  bond 3614  168 

in  arrears,  not  to  be  paid  compensation 1766  168 

when  withheld,  may  ask  for  suit 1766  168 

which  Solicitor  of  Treasury  will  commence 1766  168 

forbidden  to  carry  on  trade  with  Government  funds 1788  168 

the  oftense  a  misdemeanor,  punishable  by  fine 1788  168 

and  incapacity  for  holding  office 1788  168 

to  deposit  public  money  with  Treasurer  or  Assistant  Treasurer  __  2620  168 

and  to  draw  only  as  required  in  favor  of  party  entitled 3620  169 

may  deposit  in  any  public  depository  under  written  authority  .  _ .  3620  169 
or  keep  it  in  any  other  manner  on  written  order  of  Secretary 

of  Treasury 3620  169 

transfers  to,  by  Treasurer,  to  be  by  draft  or  warrant 3620  169 

having  money  not  authorized  to  retain,  to  pay  same  to  Treasurer 

or  other  depositary 3621  169 

and  take  duplicate  receipts  therefore 3621  169 

and  render  accounts  monthly  to  proper  Bureau 3622  169 

within  ten  days  after  expiration 3622  169 

to  be  passed  to  proper  accounting  officer 3622  169 

accounts  and  vouchers  to  be  sent  direct  to  proper  accounting 

officer  ____*_ 3622  169 

when  in  default  to  ftimish  satisfactory  explanation __  3622  169 

time  for  rendering  may  be  extended  by  Secretary  of  Treasury  _  3622  169 
other  returns  and  reports  from,  may  be  required  by  head  of  De- 
partment   3622.    169 

to  render  accounts  of  application  of  moneys  according  to  appro- 
priation   3623  169 

reftising  to  pay  over  balance,  suit  may  be  instituted 3624  169 

commission  forfeited,  in  case  judgment  is  obtained 3624  170 

and  6  per  cent,  interest  until  money  is  repaid 3624  170 

and  to  be  deemed  guilty  of  embezzlement 5492  171 

not  to  exchange  public  money  for  other  funds  without  orders 3639  170 

or  use,  loan,  or  deposit  same  in  banks 3639  170 

but  to  make  transfers  and  payments  as  directed 3639,  5488  170 

may  be  advanced  money  to  perform  their  duties 3648  170 

guilty  of  extortion,  subject  to  fine  or  imprisonment 5481-5496  170-1 

requiring  receipt  or  voucher  for  more  than  paid,  guilty  of  embez-. 

zlement 5483  170 

and  fine  in  double  the  sum  and  imprisonment 5483  170 

bankers,  &c. ,  receiving  unauthorized  deposits  from,  punishable  _  _  5497  172 
refusing  to  pay  drafts  drawn  by  proper  accounting  officers,  em- 
bezzlement   5495  171 

presenting  receipts  without  having  made  payment,  how  punished.  5496  171 

deceased  or  out  of  service,  payment  of  lost  checks  of 300,  3647  172, 173 

exchange  of  funds  by,  what  allowable 3651  174 

to  make  payments  in  moneys  furnished  them 3651  174 

if  in  drafts,  to  collect  and  pay  from  proceeds 3651  174 

unless  an  exchange  can  be  made  for  gold  or  silver  at  par.  3651  174 

to  be  suspended  for  violating  these  provisions 3651  174 

and  reported  to  the  President  with  facts 3651  174 

who  will  restore  or  remove  from  office  as  he  may  deem 

proper 3651  174 


3652 

174 

3652 

174 

3652 

174 

310 

173 

309 

173 

3643 

315 

313 

INDEX.  343 

Sec.    Page. 
Disbursing  officers — Continued. 

to  make  return  of  premiums  from  sale  of  drafts 

and  credit  same  to  the  United  States  in  their  accounts 

under  penalty  of  dismissal  for  failure  to  do  so 

to  make  return  of  outstanding  checks 

accounts  of  unchanged  for  three  years,  to  be  covered  in 

to  keep  accurate  entry  of  sums  received  and  paid  out 

disbursing  appropriations  for  public  buildings,  extra  compensation. 
Discharged  persons— 

liable  to  arrest  and  trial  for  fraud 14        12 

Discharge — 

of  men  who  enlisted  in  foreign  ports 

of  men  whose  terms  are  up _■ 

of  machinists  in  the  Navy 

of  officers  of  the  volunteer  service 

travel  pay  to  officers  of  Marine  Corps,  after 

marines  after 

dishonorable,  forfeits  claim  to  bounty  land 

honorable  from  military  service  entitles  aliens  to   naturalization. 
Dishonorable  discharge — 

forfeits  claim  to  bounty  land 

Disloyal — 

claims  of  persons,  not  to  be  paid 

Dismissed — 

officers  liable  to  trial  for  fraud 

Dismissal — 

officer  liable  to,  for  refusing  to  deliver  up  sword  when  arrested 

for  trial 

or  for  going  beyond  limits  prescribed 

of  commissioned  or  warrant  officers,  sentence  to  be  confirmed  by 

President  of  United  States 

in  time  of  peace,  by  sentence  of  court-martial  only 

officers  resigning  to  escape,  not  again  to  become  officers  of  the  Navy. 

except  in  case  of  pardon  (note) 

by  order  of  President  or  sentence  of  general  court-martial  only 

by  order  of  President,  officer  may  demand  trial 

order  of  dismissal  void,  under  certain  conditions 

pay  ©n  restoration  (June  22,  1874) 

opinions  and  decisions  regarding 

in  case  of  suit  and  judgment,  for  illegally  retaining  public  moneys. 
Disobedience — 

of  lawful  orders,  punishment  for 

Disrating — 

of  rated  persons  for  incompetency 

Disrespect — 

treating  superior  officer  with 8         10 

Distress  warrants — 

issue  of,  against  delinquent  disbursing  officers,  &c 

amount  of  delinquency,  &c.,  to  be  stated 

sale  of  goods  and  chattels  by  marshal 

seizure  and  imprisonment  of  delinquents 

absconding  delinquents,  sale  of  chattels  of 

amount  due  a  lien  on  property  of  delinquent  and  sureties 


1422 

91 

1422 

91 

93 

101 

1289 

119 

1290 

119 

2438 

212 

2166 

257 

2438 

212 

3480 

154 

14 

12 

44 

17 

44 

17 

53 

17 

1229 

35 

1441 

35 

35 

1624 

35 

1624 

35 

1624 

35 

35 

36 

3624 

169 

4-8 

8-10 

31 

15 

3625 

165 

3626 

165 

3627 

165 

3627 

165 

3628 

165 

3629 

165 

344  INDEX. 

Sec.      PttQ6 

Distress  wabeants — Continued. 

to  remain  from  date  of  levy  until  discharged 

sale  of  lands,  &c.,  when  chattels  are  insufficient 

conveyance  of  marshal  to  be  valid  title.  _ 

surplus  to  be  returned  to  delinquent 

against  disbursing  officers  failing  to  render  accounts,  &c 

Comptroller  to  certify  account  to  Solicitor  of  Treasury 

may  issue  against  any  officer  charged  with  disbursement  of  pub- 
lic money 

postponement,  with  approval  of  Secretary  of  the  Treasury 

may  be  stayed  altogether  on  bill  of  complaint 

or  an  injunction  granted  on  sufficient  surety 

which  is  not  to  impair  lien 

interest  added  where  injunction  was  asked  merely  for  delay. 

by  whom  injunction  may  be  granted  or  dissolved 

appeal  to  circuit  judge  by"  aggrieved  party 

who  may  permit  it  or  grant  injunction 

proceedings  in  such  cases 

legal  right  of  United  States  to  recover  taxes,  &c.,  not  impaired.. 
DiSTEiCT  OF  Columbia — 

inspection  and  purchase  of  fael  for  use  in 3711- 

one  naval  cadet  allowed  at  Academy  from 

advertisements  not  to  be  published  in  papers  in.     July  31,  1876.. 

unless  supplies  or  labor  are  for  use  in.     July  31,  1876 

six  newspapers  authorized  to  publish  advertisements  in.     January 

21,1881 

charges  not  to  exceed  commercial  rates.     January  21,  1881 ._ 
to  be  published  in  accordance  with  section  3828.     January  21, 

1881 

holidays  declared  in 

detail  of  clerks  from  outside,  restricted 

contingent  Navy,  not  to  be  used  for  paying  for  personal  services  in. 

DlSTILLED  SPIRITS — 

how  admitted  on  board  vessels 13        11 

Divine  service — 

performance  and  attendance  on 

irreverent  behavior  at,  to  be  punished 

chaplains  to  conduct,  according  to  forms  of  church 

to  report  annually,  performance  of 

Dockage — 

estimates  for,  to  be  in  detail 3666      131 

Documents.    {See  Public  documents.) 

DOUBLE-TURRETED  MONITORS — 

appropriation  for  launching 100 

amount  due  contractors  for  keeping,  to  be  reported  to  Congress  _.  100 

completion  of  engines  and  machinery 100 

Drafts.     (/See  Checks.  ) 
Draughtsmen  (in  the  Departments) — 

not  to  be  employed  beyond  provision  of  law.     August  15,  1876  __  140 

nor  to  be  paid  from  contingent  appropriations.     August  5,  1882  140 
numbers  and  rates  of  pay  governed  by  appropriations.     August  5, 

1882 140 

allowed  in  Navy  Department 416  182-3 

in  Hydrographic  Office 45 


3629 

165 

3630 

165 

3631 

166 

3632 

166 

3633 

166 

3633 

166 

3634 

166 

3635 

166 

3636 

166 

3636 

166 

3636 

166 

3636 

166 

3636 

166 

3637 

166 

3637 

167 

3637 

167 

3638 

167 

-3713 

32 

1513 

51 

129 

129 

129 

129 

129 

145 

140 

162 

2 

8 

3 

8 

1397 

22 

1398 

22 

INDEX.  345 

Sec.    Page. 
Dbawinq — 

professor  of,  at  Naval  Academy _ - 1528        74 

assistant  professor  of  ___ 54 

DEA  WINGS — 

estimates  for,  to  be  given  in  detail 3666      131 

expenditures  to  be  accounted  for 3666      131 

Deied  apples — 

allowance  of,  in  Navy  ration 1580        83 

Deiving  teams — 

estimates  for,  to  be  in  detail 3666      131 

Deunkenness — 

punishment  for 8          9 

a  bar  to  promotion  in  the  Navy 76 

a  bar  to  appointment  under  civil-service  rules 143 

Duel — 

sending  or  accepting  challenge  to  fight 8        10 

acting  as  second  in 8        10 

Duty — 

culpable  inefficiency  in  the  performance  of 8        10 

Dying — 

seamen  on  merchant  vessels  dying  abroad,  care  of  effects 4538      242 

penalty  for  violating  requirements  of  law 4540      243 

abroad,  with  personal  effects  on  shore,  care  of 4541       243 

E. 

Effects.     (>See  Peesonal  effects.  ) 
Eight  houes — 

a  day's  work  for  laborers,  &c. ,  in  Government  employ 3738        29 

ElGHT-HOUE  LAW — 

appropriation  for  payment  of  claims  under 3689      134 

Elections — 

troops  not  to  be  brought  to  places  of . 2002,  5510        20 

except  to  repel  armed  enemies  of  the  United  States 2002,  5510        20 

officers  of  Navy  not  to  interfere  in 2003        20 

punishment  for  intimidating  voters  at 5529        21 

and  for  prescribing  qualifications  of  voters  at 5530        21 

punishment  for  interfering  with  officers  of 5531        21 

disqualification  for  holding  office,  by  interfering  in 5532        21 

increase  of  force  at  yards,  prior  to 59 

Embezzlement — 

of  ordnance,  arms,  and  other  equipments 14        11 

exacting  receipt  for  greater  sum  than  paid 5483      170 

person  offending  subject  to  fine  and  imprisonment 5483      170 

depositing  public  money  in  unauthorized  place 5488      170 

or  loaning  or  converting  it  to  own  use 5488      170 

Treasurer,  or  other  depositary,  failing  to  keep,  guilty  of 5489       170 

officers  guilty  of  extortion,  under  color  of  office,  guilty  of 5481       170 

custodian  of  public  money,  failing  to  keep,  &c. ,  guilty  of _  -  5490      171 

failing  to  render  accounts,  as  required  by  law,  guilty  of 5491       171 

or  to  make  deposit  when  required 5492      171 

upon  trial  for,  transcript  from  books  of  Treasury  sufficient  evi- 
dence—  5494      171 

refusal  to  pay  drafts  or  orders  of  accounting  officers,  declared 5495      171 


346  INDEX. 

Sec.    Page. 
Embezzlement— Continued. 

transmitting  false  receipts,  to  be  allowed  in  accounts,  declared 5496      171 

bankers,  &c.,  knowingly  receiving  unauthorized  deposits  of  public 

money,  guilty  of 5497      172 

of  Government  money,  property,  &c. ,  March  3,  1875 229 

Emigration — 

from  Oriental  countries 302 

of  Chinese  laborers  forbidden 259 

of  alien  convicts  not  allowed 259 

Emoluments — 

may  be  included  in  sentence  of  suspension 48        17 

to  continue  to  crews  of  wrecked  vessels 1574        93 

officers  and  crews  of  captured  vessels 1575        93 

definition  of  the  term  (notes) 61 

Enemy — 

destroying  public  property  not  in  possession  of,  punishment  for__  4          8 

striking  flag  to,  without  authority,  punishment  for 4          8 

intercourse  with,  how  punishable 4          8 

receiving  letters  or  messages  from ._ 4          8 

bounty  for  each  person  captured  on  vessel  of  an 4635      213 

giving  aid  and  comfort  to,  guilty  of  treason 5531       308 

Engineer  Corps — 

grades  and  number  of  officers  in _ _^ 1390        37 

restriction  on  filling  vacancies  in,  March  3,  1883 37 

rank  of  officers,  on  active  list 1476        38 

rank,  retired  from  age  or  length  of  service 1481        38 

rank  of  graduates,  from  Naval  Academy 1484        38 

relative  rank,  no  authority  for  military  command 1488        38 

pay  of  officers  of,  on  active  list 1556        38 

detail  of  officers  of,  for  colleges,  February  26,  1879 39 

appointment  of  graduated  cadets  to 1512        51 

cadet-engineers  abolished 1512        51 

Engineer-in-Chief — 

Chief  of  Bureau  of  Steam  Engineering  to  have  title  of 1471        38 

and  the  relative  rank  of  Commodore 1471        38 

to  be  appointed  from  the  Chief  Engineers 424        36 

and  to  be  a  skillful  engineer ___  424        36 

to  have  highest  sea-pay  of  his  grade 1565        69 

Engineers  (Chief) — 

number  and  rank 1390        37 

to  be  appointed  with  advice  of  Senate 1391        37 

designation  of,  as  fleet  engineer 1393        37 

filling  of  vacancies,  March  3, 1883 37 

pay  of,  on  active  list__ 1556        38 

Engineers  (Passed  Assistant)— 

number  and  rank  of. _ 1390, 1476  37-38 

to  be  appointed  with  advice  of  Senate 1391        37 

filling  of  vacancies,  March  3, 1883 37 

pay  of,  on  active  list. 1556        38 

Engineers  (Assistant) — 

number  and  rank  of. _ _..  1390,1476  37-38 

to  be  appointed  with  advice  of  Senate __ __.  1391        37 

limits  of  age  and  qualifications  for  appointment  .__ __ 1392        37 


INDEX.  347 

Sec.    Page. 

Engineers  (Assistant) — Continued. 

to  be  appointed  from  graduates  of  the  Academy 1512        51 

pay  of,  on  active  list 1556        38 

Engineers  (in  the  Departments) — 

not  to  be  employed  beyond  provision  of  law,  August  15,  1876 140 

number  and  pay  of,  in  Navy  Department  building 184 

English  studies — 

professor  of,  at  Naval  Academy 1528        74 

assistant  professors  of 54 

Engraving — 

Bureau  of,  may  print  impressions  from  vignettes J.88 

for  public  documents.     (See  Public  printing.) 

Enlistment — 

of  minors  between  14  and  18,  not  to  be  made  without  consent  of 

parents 19        12 

of  deserters  forbidden 19        12 

of  intoxicated  persons  forbidden 19        12 

in  the  Navy,  number  authorized 1417        90 

in  Marine  Corps,  to  be  for  a  term  not  less  than  five  years 1608      110 

of  minors  in  the  naval  service 1418, 1419, 1420        91 

of  persons  in  the  United  States  to  serve  against  the  same 5337,  5338      309 

Ensigns — 

number  allowed  on  active  list 1363        46 

assignment  of,  as  clerks  to  commanding  officers.     May  4,  1878_--  46 

to  be  steerage  officers,  except,  &c 1490        47 

pay  of,  on  the  active  list 1556        65 

on  the  retired  list 1588        70 

Envelopes  (penalty).     (>S'ee  Postage. ) 

Equipments — 

misappropriating,  wrongfully  selling,  &c 14        11 

purchasing  or  receiving  from  those  not  authorized  to  sell 14        11 

Estate — 

no  conviction  or  j  udgment  to  work  forfeiture  of 5326      254 

Escape^ 

suffering  prisoners  to 8        10 

Estimates.    {See  under  Appropriations.) 

Ethics — 

professor  of,  at  Academy  a  professor  of  mathematics 1528        74 

Evidence  (see  also  Public  record) — 

Little  &  Brown's  edition  of  laws  to  be  taken  as 908      190 

oaths  and  acknowledgments  before  j ustices,  &c 1778      191 

copies  from  the  returns-office  valid  as _ 896      190 

Examination  for  promotion,     (^ee  Promotion.) 

Examination — 

pay  and  rank  of  officers  absent,  when  entitled  to 1562        68 

Exchange— 

of  funds  for  gold  or  silver  only,  allowable 3651       174 

premiums  received  on,  to  be  accounted  for 3652      174 

Executive  or  aid — 

detail  of  officer  to  act  as 1469        47 

authority  defined 1469        47 

staff  officer,  senior,  right  of  communication 1470        47 

Expatriation — 

right  of,  declared 1999      222 


348  INDEX. 

Sec.    Page. 
Expenditures  {see  also  Accounts) — 

to  be  published  each  fiscal  year 237      126 

accounts  of,  to  be  settled  in  each  year 250      126 

for  naval  service,  Secretary  of  Treasury  to  submit  annual  report  to 

Congress,  June  19,  1878 260      135 

with  statement  of  balances  in  hand  of  disbursing  agents 135 

EXPLOEING  EXPEDITIONS — 

sale  of  stores,  &c. ,  money  to  revert  to  appropriation 3692        44 

sale  of  articles  used  in,  use  of  proceeds 3618      198 

Extortion— 

punishment  of  officers  guilty  of 5481       170 

Extradition — 

provisions  of  law  relating  to 5270-5410  222-5 

Extra  duties — 

as  a  punishment 24-30  14, 15 

Extra  pay  {see  also  Pay,  extra) — 

not  allowed  to  officers  on  Light-House  Board 4679      240 

F. 

False  claims — 

papers,  receipts,  perjury,  and  forgery 14        11 

Falsehood — 

punishment  for,  in  the  Navy 8  9 

False  oAf hs — 

knowingly  making,  punishment  for. 14        11 

False  muster — 

making  or  signing  of  any 8        10 

Felony — 

misprision  of,  punishment  for 5390      255 

Fines — 

on  persons  in  Navy  and  Marine  Corps,  to  go  to  hospitals 4809        39 

for  unlawfully  cutting  timber,  to  go  to  pension  fund 4751       272 

Fire  engines— 

estimates  for,  to  be  given  in  detail _ 3666      131 

expenditure  to  be  accounted  for 3666      131 

Firemen— 

additional  pay  to  seamen,  &c. ,  performing  duty  as 1570        69 

enlistment  of,  in  the  Navy 1417        90 

pay  and  bounty,  fixed  by  Board 1569        92 

number  and  pay  of,  in  Navy  Department  building 184 

Firms— 

copartners  not  to  be  received  as  sureties  on  contracts 3722        26 

members  of,  not  to  be  appointed  agents  to  do  business  with  such.  3614      138 

Fiscal  year — 

in  matters  of  accounts  to  commence  July  1 237      126 

expenditure  of  public  money  to  be  settled  within  the 250      126 

Fish  Commissioner— 

duties  and  powers  of  the 4395-4396,  4398      225 

Executive  Department  to  render  aid  to 4397      225 

Flag  officer — 

selection  of,  to  command  squadrons 1434        46 

assignment  of  retired  officers  as 1464        87 


INDEX.  349 

Sec.    Page, 

Flag  (of  the  United  States) — 

to  be  of  stripes  and  stars,  &c _ 1791      226 

additional  star  for  each  State  admitted  to  the  Union 1792      226 

Flags — 

estimates  for,  to  be  in  detail 3666      132 

captured,  to  be  sent  to  seat  of  Government _     428-1554      225 

to  be  delivered  to  the  President  and  preserved 1555      226 

Fleet  surgeox — 

appointment  of,  and  duties 1373,  1374        48 

pay  of 1556        49 

Flogging — 

punishment  by,  not  to  be  inflicted 49        17 

Floeida — 

examination  of  timber  lands  in 312 

Flour — 

may  be  procured  as  most  advantageous 3727        27 

allowance  in  Navy  ration 1580        83 

Forage  (Marine  Corps) — 

may  be  procured  without  adequate  appropriation 3732        28 

in  kind,  allowance  of,  and  to  whom,  June  14,  1878 1270,  1271      120 

allowance  for  horses,  owned  and  in  actual  use,  June  14,  1878 1272       120 

and  when  on  duty  in  field  or  at  posts,  June  14,  1878 120 

no  discri  mination  against  officers  east  of  the  Mississippi,  May  4, 1880  120 

provided  they  are  mounted.  May  4,  1880 120 

and  actually  keep  and  own  their  animals.  May  4,  1880__  120 

commutation  for,  not  allowed,  March  3,  1883 120 

Foreign  coixs.     (>See  Coins.) 

Foreign  supplies — 

not  required  to  be  purchased  from  lowest  bidder 3721        26 

Forfeiture — 

of  pay  and  emoluments  by  sentence  of  court  (note) 18 

of  estate,  conviction  or  j  udgment  not  to  work 5326      254 

Forfeitures — 

repealing  acts  not  to  extinguish 13      200 

limit  to  maintenance  of  suit  for 1047      200 

provided  person  can  be  found  in  the  United  States 1047      200 

not  affected  by  repeals  in  Revised  Statutes 5598      201 

Forgery — 

com  mitting,  to  secure  payment  of  claims 14         11 

of  various  kinds,  punishment  for 227-9 

of  ship's  papers,  or  altering  them,  penalty  for 5423      252 

Foundry — 

for  heavy  ordnance,  selection  of  location 60 

Fourth  Auditor  [see  also  Accounts) — 

to  adjust  lia»:ilities,  with  "general  account  of  advances  " 135 

Fraud — 

punishment  for 8           9 

executing,  attempting,  or  countenancing  any 14        12 

discharged  persons  liable  to  trial  for 14         12 

dismissed  officers  liable  to  trial  for 14        12 

clerks  investigating,  authorized  to  administer  oaths 183      226 

punishment  for,  of  various  kinds 227-9 


350  INDEX. 


Sec.    Page. 


8 

10 

3666 

131 

3663 

13 

3728 

27 

3732 

28 

3732 

28 

3711 

32 

3711 

32 

3711 

32 

3713 

32 

3712 

32 

1270 

120 

121 

3666 

131 

Feeight — 

receiving,  on  public  vessels  without  authority 

estimates  for,  to  be  given  in  detail 

expenditure  under  each  bureau  to  be  accounted  for 

Feesh  meat — 

substitute  for  salt  meat  in  Navy  ration 1580        83 

Fuel — 

may  be  purchased  for  the  Navy  in  manner  most  advantageous  ___ 

may  be  procured  without  adequate  appropriation 

not  to  exceed  the  necessities  of  current  year 

for  use  in  District  of  Columbia,  contracts  for 

inspector  and  weigher  to  be  appointed 

fees  to  which  entitled  from  vendor 

no  payment  without  his  certificate 

accounting  officers  to  be  furnished  with  copy  of  appointment- 
for  Marine  Corps  may  be  furnished  in  kind  according  to  law  and 

regulations 

regulation  prices 

for  yards,  estimates  for,  to  be  in  detail 

Fugitives — 

from  service  not  to  be  returned 18        12 

Funekal  expenses — 

of  officers  dying  in  the  United  States  not  allowed _ 

one  month's  sea-pay  for  those  dying  abroad 

estimates  for,  to  be  in  detail 

Fuelough — 

pay  of  officers  on,  on  active  list 

on  retired  list 

transfer  to  retired  pay  list 

authority  of  Secretary  of  Navy  to  place  officers  on 

general  definition  of  (note) 

O. 

Gambling— 

punishment  for 

Geneeal  account  of  advances— 

provisions  concerning  opening  of 

Geneeal  aveeage — 

rule  as  to  contribution  in  cases  of  (notes) 

Geneeal  couets-maetial.     {See  Couets-maetial,  geneeal.) 

Geneeal  oedees — 

refusal  of  obedience  to  any  lawful 

issued  by  Secretary  of  Navy,  recognized  as  regulations 

to  be  furnished  officers  of  the  Navy 

Gestuees  and  menaces — 

using,  towards  others 

Gifts  (se«  also  Decoeations  and  Beibes)— 

from  subordinates  to  official  superiors,  forbidden 

Gold — 

reception  of,  as  freight 

transportation  of,  in  merchant  vessels 

no  exchange  of  Grovernment  funds  except  for,  or  silver 

wgaes  to  merchant  seamen  to  be  paid  in,  by  consuls 


1587 

20 

1587 

20 

3666 

131 

1557 

68 

1593 

70 

1594 

71 

1442 

19 

19 

8 

9 

135 

291-2 

8 

10 

1547 

19 

1548 

20 

8 

10 

1784 

208 

8 

10 

4204 

249 

3651 

174 

4548 

244 

INDEX.  351 

Sec.    Page, 
Gold  and  silver  coins.    {See  Coins.) 
Good  example — 

commanding  officers  to  show 1  8 

Government  foundry — 

selection  of  site  for 60 

Government  Hospital  for  Insane.     {See  Insane.) 
Grades — 

of  officers  of  the  Navy  defined  (decisions) 80,  311 

Gratuity — 

to  machinists  discharged  from  Navy . 93 

to  seamen,  promoted  for  heroism,  &c 1407        90 

Greenwich — 

meridian  for  nautical  purposes 435        56 

Guarantee — 

required  from  bidders 3719,3722        26 

penalty  for  making  false -  5418,5479  226-8 

Guano  Islands —  / 

provisions  of  law  relative  to — 5570-5578  229-30 

Gunners.     (>See  Warrant  officers.) 
Gunpowder — 

not  required  to  be  purchased  of  lowest  bidder 3721        26 

Gymnast — 

of  Naval  Academy,  salary  of.- _ 54 

H. 

Habeas  corpus — 

provisions  of  law  relative  to  the 752-766  230-2 

decisions  regarding  (note) 91 

Hazing — 

at  the  Naval  Academy  forbidden,  June  23,  1874 53 

cadets  engaged  in,  to  be  tried  by  court-martial 53 

on  conviction  to  be  dismissed 53 

and  thereafter  ineligible  to  readmission 53 

Health  of  crew — 

to  be  looked  after  and  preserved 20        13 

Hemp — 

for  Navy  to  be  of  American  growth 3725        27 

where  as  good  and  cheap  as  foreign 3725        27 

advertisement  for 3718        25 

Heroism — 

advancement  for,  not  precluded  by  law  limiting  grade 1364        46 

advancement  for,  in  battle 1506        77 

advancement  of  marine  officers  for 1605-1606      109 

Holidays — 

in  the  District  of  Columbia,  days  declared,  June  28, 1870 145 

Home  manufactories — 

preference  to,  in  purchases  for  the  Navy 3728        27 

provided  price  and  quality  being  equal 3728        27 

Homesteads — 

provisions  of  law  relative  to 232-5 

Honorable  discharge — 

of  naval  cadets 1512        51 

three  months'  pay  for  reinlisting  under 1573        69 


352  INDEX. 

Sec.    Page. 
Honorable  dischaege — Continued. 

of  aliens  from  the  military  service,  admission  to  naturalization  __  2166      257 

decisions  regarding  (notes) 35 

Horses— 

for  which  forage  is  allowed  in  Marine  Corps,  June  18,  1878 120 

to  be  owned  and  actually  kept  by  officers,  June  18,  1878 120 

for  yards,  estimates  to  be  in  detail 3666      131 

Hospitals  (Navy) — 

deduction  from  pay  of  officers  and  men  for 1614,  4808        39 

Secretary  of  Navy,  general  charge  of 4807        39 

fines  of  officers  and  men,  to  go  to  maintenance  of 4809        39 

sites  to  be  procured  for 4810        39 

permanent,  for  disabled  officers  and  seamen 4810        39 

rations  of  persons  admitted,  to  go  to 4812        39 

pensions  to  be  deducted ___  4813        40 

erection  of,  at  Hot  Springs,  Ark 40 

authority  to  close 40 

immunity  of,  in  operations  of  war 262 

Hot  Springs,  Ark.— 

erection  of  hospital  at 40 

Hulls  and  spars — 

of  vessels,  condition  on  which  repaired.  _ 1538        95 

Hydrographic  Office — 

attached  to  Bureau  of  Navigation 431        44 

objectsof 431        44 

maps,  charts,  &c.,  furnished  to  navigators 432        44 

at  cost  price  of  paper  and  printing 45 

moneys  to  be  paid  into  Treasury  for  further  publications.  433        44 

foreign  surveys,  provision  as  to  publishing 3686        44 

civil  employes  allowed  in 44 

I. 

Immigration — 

from  Oriental  countries,  involuntary,  prohibited 2158        301 

Importations — 

not  allowed  in  public  vessels,  of  articles  subj  ect  to  duty 1 624      236 

which  may  be  made  free  of  duty 2503      236 

obscene  books,  pamphlets,  &c. ,  not  to  be  imported 2491      236 

vessels  not  engaged  in,  not  subj  ect  to  entry 2791      237 

Imprisonment — 

for  life,  in  place  of  sentence  of  death 7          9 

in  the  Navy,  by  sentence  of  court ■ 14        11 

for  debt,  discharge  of  prisoners  by  the  President 3472      1 64 

of  delinquent  debtors 3627      165 

Incompetency — 

discharge  of  rated  persons  for 31        15 

Indemnity — 

for  lost  clothing,  appropriation  for 3689      134 

for  loss  of  personal  effects 287-290  128,9 

Indians — 

inciting  them  to  war,  by  messages,  &c 2111,  2112      307 

correspondence  with  foreign  powers  for  same  purpose 2113      307 

not  taxed,  not  entitled  to  citizenship 1992      258 


INDEX.  353 

Sec.    Page. 
Inferior  officers — 

meaning  of  the  words  in  the  Constitution  (note) 104 

Injunctions— 

in  cases  of  distress  warrants 3636,  3637       166 

Insane  (of  the  Navy  and  Marine  Corps) — 

may  be  cared  for  in  other  than  Government  asylum 1551        40 

allowance  per  annum 1551        40 

Government  hospital  for,  in  District  of  Columbia 4843        40 

persons  entitled  to  admission 4843        40 

limitation  on  admission 41 

transfer  of  convicts  to 41 

inmates  of  National  Home,  admitted  to 41 

other  persons  that  may  be  admitted  (notes) 41 

resigning  while  (notes) 36 

Insolvent — 

proceedings,  in  cases  of  debtors  to  the  United  States  .__- 3466      163 

Inspection — 

of  provisions,  by  commanding  officer 20        13 

of  vessels  of  the  Navy 95 

of  merchant  vessels,  and  outfits 4559-4577  244-45 

of  vessels  for  War  Department 1437        94 

Inspector  of  fuel — 

for  use  by  Government  in  District  of  Columbia,  appointment  and 

duties 3711        32 

Inspector  of  ti3iber — 

of  yards,  may  be  discontinued 1416        57 

Insurgents — 

to  be  commanded  todisperse 5300      308 

Insurrection— 

against  the  State  government,  militia  may  be  called  forth 5297      307 

against  United  States  Government,  militia  and  land  and  naval 

forces  may  be  employed,  to  suppress _  5298      307 

to  deprive  classes  of  civil  rights,  militia,  military,  and  naval  forces 

may  be  called  out 5299      308 

insurgents  to  be  commanded  to  disperse 5300      308 

Intercourse — 

with  enemy  or  rebel  without  leave,  punishment  for 4  8 

Intoxicating  beverages— 

habitual  use  of,  a  bar  to  civil  appointments 143 

Intoxicated  persons — 

enlistment  of,  forbidden 19        12 

Inventory — 

of  public  property,  to  be  kept  by  Departments . 197      193 

additions  to,  and  sales  to  be  noted 197       193 

of  stores  in  the  yards  to  be  taken 197 

Investigation — 

boards  of,  limited  as  to  powers  (note) 19 

Isthmus  of  Panama — 

appropriation  for  coaling  stations  at 313 

J. 

Japan — 

involuntary  transportation  of  subjects  of 2158,  2163  301-2 

11181 23 


354  INDEX. 

Sec.    Page. 
Jewels — 

reception  of,  as  freight .- -  8        10 

Judge- Advocate-General— 

appointment  of,  authorized 109 

rank  and  pay 109 

office  to  be  in  Navy  Department 109 

duties  prescribed 109 

employes  in  office  of 184 

proceedings  of  courts  and  boards  to  be  sent  to  (foot-note) 16 

also  communications  pertaining  to  same  (foot-note) 16 

Judge-advocate — 

of  general  courts-martial,  oath  to  be  taken  by,.- _.-  40        16 

to  administer  oath  to  members 40        16 

Judgment — 

of  courts-martial,  how  authenticated --  52        17 

Jurisdiction  {see  also  Public  grounds) — 

of  State  courts  not  impaired  in  matter  of  certain  punishment 5328      254 

crimes  committed  within  the,  of  the  United  States  ._- 5339-5342,  5391  254-5 

over  sites  for  public  works 355      192 

of  naval  courts-martial,  as  to  crimes  committed  within  State  limits 

(note) - , 13 

K. 

Kidnapping — 

provisions  of  law  in  relation  to,  June  23,  1874 __ 5525      303 

L. 

Labor — 

incidental,  estimates  for,  to  be  in  detail 3666      131 

Laborers— 

eight  hours  a  day's  work  for  all  engaged  by  the  Government 3738        29 

at  yards,  to  be  employed  for  skill  and  efficiency .  1544        58 

pay  only  for  time  employed 1545        58 

not  required  to  contribute  for  political  purposes 1546        58 

not  to  be  removed  for  political  opinions —  1546        58 

•  wages,  how  regulated,  July  16,  1862 58 

Laborers  (in  the  Departments) — 

to  receive  $660  per  annum,  unless  otherwise  appropriated  for 167       139 

number  to  be  governed  by  appropriations,  August  5,  1882 169      140 

as  also  their  rates  of  pay,  August  5,  1882 ___ —  169      140 

not  to  be  employed  beyond  appropriations,  August  15,  1876 140" 

nor  to  be  paid  from  contingent  appropriations,  August  5,  1882  140 

Land  {see  also  Public  property) — 

not  to  be  purchased  without  authority  of  law 5736        28 

Landsmen  {see  also  Seamen) — 

marines  may  be  substituted  for 1618      110 

Land- warrants.     {See  Bounty  land.) 
Leaving  station— 

before  relieved,  punishment  for 4  8 

Legal  representatives — 

definition  of  (notes) 129 

Length  of  service— 

staff  corps  to  rank  according  to 1485        81 

estimates  of,  in  conferring  rank 1486        81 


INDEX.  355 

Sec.    Page. 
Length  of  service — Continued. 

credit  to  officers  for,  while  enlisted  men,  March  3,  1883 lOl 

volunteer  officers,  to  be  credited  with 1412      lOl 

rates  of  pay  to  marines,  according  to 1283      118 

additional  pay  for-- _ ._ 1281,1282,1284      118 

Liberty — 

deprivation  of,  on  shore ^ 24,  30  14-15 

citizens  deprived  of,  in  foreign  countries,  proceedings  authorized  __  2001      222 

preference,  to  the  faithful  and  obedient 1431        92 

Librarian  (Assistant) — 

of  Naval  Academy,  pay  of 54 

License — 

required  of  Navy  officers  to  command  in  merchant  service  (note)  _  22 
Lieutenant  commanders — 

number  of,  on  active  list 1363        46 

assignment  of,  at  naval  stations 1435        47 

and  as  navigators  and  watch  officers 1435        47 

and  as  first  lieutenants  of  vessels 1435        47 

pay  of,  on  the  active  list 1556        65 

on  the  retired  list --__ 1588        70 

to  command  vessels  of  fourth  rate 1529        94 

not  to  be  retired  except  for  physical  disability 1445        85 

Lieutenants — 

number  allowed  on  active  list 1363        47 

detail  of,  as  secretaries,  May  4,  1878 47 

pay  of,  on  the  active  list 1556        65 

on  the  retired  list--_ ______  1588        70 

not  to  be  retired,  unless  for  physical  disability 1445        85 

Lieutenants  (senior) — 

number  allowed  on  the  active  list 1363        46 

pay  of,  on  the  active  list 1556        65 

on  the  retired  list 1588        70 

Lieutenants  (junior) — 

number  allowed  on  the  active  list 1363        46 

pay  of,  on  the  active  list 1556        65 

on  the  retired  list 1588        70 

title  of  master  changed  to 45 

Life-saving  dress — 

authority  to  introduce  it  into  the  Navy 32 

Life-Saving  Service — 

Statutes  relating  to  the 237-9 

Light-House  Board — 

organization  of  the 4653      239 

Secretary  of  the  Treasury  ex-officio  president 4654      239 

election  of  chairman 4655      240 

arrangement  of  the  coasts  into  light-house  districts 4670      240 

detail  of  Navy  officers  as  inspectors 4671      240 

to  survey  the  channels,  &c 4678      240 

officers  on,  not  allowed  additional  salaries 4679      240 

nor  to  be  interested  in  contracts,  &c 4680      240 

jurisdiction  of,  extended,  June  23, 1874 240 

Lights — 

to  be  used  on  vessels 4233      216 

showing  false,  to  wreck  vessels,  penalty  for 5358      252 


356  INDEX. ' 

Sec.    Page. 

Line  officees  {see  also  under  each  grade) — 

grades  and  number  of,  authorized   1362        45 

promotion  of,  regulated,  August  5, 1882 46 

number  allowed  on  active  list 1363        46 

existing  commissions  not  to  be  vacated 1364        46 

-assignment  of,  as  secretaries  and  clerks,  May  4, 1878 46 

ibo  rank  according  to  dates  of  commissions 1467        47 

-commanding,  to  take  precedence 1468        47 

^^  chiefs  of  Bureaus,  relative  rank  of  commodore 1472         47 

assignments  of,  as  flag  officers 1434        46 

change  in  title  of  certain  grades  of.     3  March,  1883 45 

"line  of  duty,"  definition  (note) 272 

Lithographing.     {See  Public  printing.  ) 

Live-oak  timber.     {See  Reserved  lands.  ) 

Loans— 

of  public  moneys  by  disbursing  officers  forbidden 1389, 1788, 

3639,  5488,  5490,  5497  167-72 

pay  officers  not  to  make,  of  money  or  commodities 1 389        63 

Lost  clothing— 

indemnity  for,  a  permanent  annual  appropriation 3689       134 

allowances  and  payments  for 284,286,288      128 

Lost  vessels  {see  also  Vessels) — 

authority  of  officers  over  crew  of 21        13 

M. 

Machinists— 

discharge  of,  from  the  Navy,     June  16,  1880 93 

entitled  to  gratuity 93 

Machinery — 

estimates  for,  to  be  given  in  detail 3666      131 

expenditures  to  be  accounted  for 3666      131 

repairs  to,  on  vessels  limited 96 

of  steam  vessels,  patented  articles,  use  of 1537      266 

Magazine — 

keeper  of,  at  yards  may  be  discontinued 1416        57 

and  duties  performed  by  gunners 1416         57 

Mail  matter.     {See  Postage.  ) 

Maiming— 

persons,  within  forts,  arsenals,  on  vessels  at  sea,  &c 5348      255 

Maltreatment— 

of  officers  and  crews  of  vessels  under  convoy 8        10 

of  persons  in  the  Navy  subject  to  orders 8        10 

of  inhabitants  on  shore 8        10 

of  crews  of  prize-vessels  forbidden 17         12 

of  crews  of  merchant  vessels 5347        55 

Manslaughter — 

committed  within  forts,  arsenals,  &c 5339      254 

or  attempt  to  commit 5342      254 

or  upon  the  high  seas,  in  bays,  &c 5339-5342       254 

punishment  for 5343       255 

officers  by  wh>S3  ml^cinia^t  vestals  are  lost,  guilty  of 5344      255 

Ma  nufactures — 

of  the  United  States,  pr3fer3n33  iu  p  irchise  of  supplies 3728         27 

contractors  for  supplies  to  be  manufacturer 3722        26 


INDEX.  357 

Sec.  Page. 
Maps — 

estimates  for,  to  be  given  in  detail 3666  131 

expenditures  to  be  accounted  for 3666  131 

to  accompany  public  documents,  engraving  of 3778,  3779  186 

Marines  (see  also  Marine  Corps) — 

deduction  from  pay,  for  hospitals 1614,4808  39 

rations  deducted,  when  admitted  to  hospital 4812  39 

pensions  also 4813  40 

admission  to  insane  asylums 1551,  4843  40 

entitled  to  artificial  limbs,  &c 1176  42 

Marine  Band — 

extra  pay  to , 1613  114 

pay  of  the  musicians  of 117 

Marine-Hospital  Service — 

admission  of  insane  of,  to  Government  asylum 41 

Marine  Corps — 

co-operating  with  Army,  to  be  furnished  with  supplies,  &c 1135  107 

to  be  furnished  with  rations 1143  107 

may  be  associated  with  officers  of  Army,  on  court-martial  duty.  1342  107 

orders  of  senior  to  be  obeyed 1342  107 

precedence,  when  on  marches 1342  107 

transfer  to,  from  the  Army,  of  enlisted  men 1421  107 

not  to  release  from  indebtedness 1421  107 

officers,  number  and  grades  authorized 1596  108 

non-commissioned  officers  and  privates 1596  108 

limit  in  number,  not  to  preclude  advancement  for  distinguished 

conduct 1597  108 

staff,  to  be  separate  from  the  line 1598  108 

appointments  from  graduated  naval  cadets 1599  108 

credit  for  volunteer  service  to  be  given  officers 1600  108 

colonel  commandant,  to  have  rank  and  pay  of  a  colonel 1601  108 

to  be  appointed  from  officers  of  the  Corps 1601  1 08 

rank  of  staff  officers 1602  108 

rank  of  officers,  same  as  similar  grades  in  the  Army 1603  109 

Judge-Advocate-General  of  Navy  may  be  appointed  from  officers  of.  109 

with  rank  and  pay  of  a  colonel 109 

brevet  commissions,  conferred  on  same  conditions  as  in  the  Army 1604  109 

in  time  of  war  for  distinguished  conduct 1209  109 

by  President  and  Senate 1209  109 

to  bear  date  from  particular  action 1210  109 

assignment  to  duty  according  to  brevet  rank 1211  109 

only  when  engaged  in  active  hostilities.     3  March,  1883-  109 

not  to  entitle  to  precedence  except  when  so  assigned 1211  109 

entitles  to  uniform  of  actual  rank  only 1212  109 

and  to  be  addressed  by  title  of  actual  rank 1212  109 

not  to  entitle  to  increase  of  pay 1264  109 

advancement  of  officers  for  distinguished  cond  net 1605  109 

limit  in  number  not  to  prevent 1606  109 

advancement  one  grade,  on  receiving  vote  of  thanks 1607  110 

enlistments,  to  be  for  a  period  of  not  less  than  five  years 1608  110 

oaths,  of  officers  and  men,  same  as  for  the  Army 1609  110 

form  for  enlisted  men 1342  110 

enlisted  men  exempt  from  personal  arrest  for  debt  or  contract 1610  110 


358  INDEX. 

Sec.    Page. 
Marine  Coeps— Continued. 

formation  of  corps  into  companies  and  detachments 

may  be  detached  for  service  on  vessels,  as  President  may  direct  __ 

ofl&cers  not  to  exercise  command  over  navy-yards  or  vessels 

marines  may  be  substituted  for  landsmen 

liable  to  duty  in  forts  or  garrisons 

or  to  any  other  duty  on  shore 

military  regulations  for,  as  President  may  prescribe 

subject  to  laws  and  regulations  for  government  of  the.Navy 

except  when  on  detached  service  with  the  Army 

then  to  the  Rules  and  Articles  of  War 

post-traders  for,  appointment  of.     24  July,  1876 

ofl&cers  of,  leaving  posts  before  acceptance  of  resignation,  deserters  . 
officers  and  men  entitled  to  same  pay  and  bounty  as  infantry  in 

the  Army 

pay  of  the  musicians  known  as  the  Marine  Band 

monthly  deduction  from  pay,  for  hospitals 

officers  and  men,  entitled  to  one  Navy  ration  daily 

officers  of,  attached  to  sea-going  vessels  not  allowed  rations  (decision) 

pay  table  of  officers — and  laws  applying 

additional  pay  for  each  five  years'  service 

limitation  thereto 

pay  table  of  enlisted  men 

longevity  pay,  for  volunteer  service.      June  18,  1878 

how  computed,     June  30,  1882 

pay  of  officers,  absent  from  duty 

extension,  without  deduction 

pay  of  colonel,  not  to  exceed  $4,500.- 1 

li«utenant-colonel,  not  to  exceed  $4, 000 

payments  to  be  made  monthly 

no  allowance,  except  as  especially  provided 

who  served  with  Army,  on  same  footing  as  to  bounty  land 

Maeine  Coeps — Retirement.     (See  Retirement,  Marine  Corps.) 
Marine  schools — 

loan  of  public  vessels  for  purposes  of 97 

Marked — 

supplies  under  contract  to  be  marked 3731        28 

otherwise,  not  to  be  received 3731        28 

Marking— 

punishment  by,  not  to  be  inflicted 49        17 

Master  at  arms — 

refusing  to  receive  prisoners ^ 

suffering  prisoners  to  escape 

dismissing  prisoners  without  orders 

Master — 

title  of,  changed  to  junior  lieutenant 45 

Masters — 

pay  of,  on  the  active  list 

on  the  retired  list 

Master  mechanics — 

at  yards,  from  what  classes  to  be  appointed,  &c 

Materials  (old).     (5ee  Sales. ) 


1611 

110 

1616 

110 

1617 

110 

1618 

110 

1619 

111 

1619 

111 

1620 

111 

1621 

111 

1621 

111 

1621 

111 

111 

1624 

111 

1612 

114 

1613 

114 

1614 

114 

1615 

114 

314 

115 

1262 

115 

1263 

115 

117 

115 

116 

1265 

116 

116 

1267 

116 

1267 

116 

1268 

116 

1269 

116 

212 

8 

10 

8 

10 

8 

10 

1556 

65 

1588 

70 

1543 

58 

INDEX. 


MATES-  y>y^^- '■' ^EsiTrii 

may  be  rated  under  authority  of  the  Secr^ar|^_^ -tziT' Jr^^        ^ 

not  to  discharge,  from  enlistment -^^fesS^lT-BJ^-^i-^^^^y  1409        47 

pay  of ^^M^^Blt^S^  1556        47 

Mathematics.     {See  Professors  of—) 

Measurers  of  timber — 

at  yards  may  be  discontinued  .__ 1416        57 

Meat  (fresh  and  preserved) — 

allowance  of,  in  Navy  ra^on ^ 1581        83 

Mechanics  {see  also  Navy-Yards)— 

eight  hours  a  day's  work  for  all,  in  Government  employ 3738        29 

Mechanics  (in  the  Departments) — 

not  to  be  employed  beyond  provision  of  law,  August  15,  1876 140 

number  and  pay  governed  by  appropriation,  August  5,  1882 140 

not  to  be  paid  from  contingent  appropriations 140 

Medals  of  honor — 

to  seamen  promoted  for  gallantry 1407        90 

for  saving  life,  bestowed  by  the  Secretary  of  the  Treasury 237-39 

Medicines  and  medical  attendance — . 

when  expenses  for,  may  be  allowed  officers 

not  required  to  be  purchased  from  lowest  bidder 

Medical  corps — 

number  of,  allowed  on  active  list 

appointments  to  be  made  by  President  and  Senate 

relative  rank  of  officers  of 

relative  rank  when  retired  from  age  or  length  of  service 

Medical  directors — 

fifteen  allowed  on  the  active  list 

with  relative  rank  of  captain 

pay  of __ _ _ 

Medical  inspectors — 

fifteen  allowed  on  the  active  list.. 

with  relative  rank  of  commander 

pay  of  on  the  active  list 

Medical  purposes— 

admission  on  board  ship  of  distilled  spirits  for 13        11 

Medicine  and  Surgery  (Bureau  of) — 

chief  to  be  appointed  from  list  of  surgeons. 

to  have  relative  rank  of  commodore 

and  title  of  Surgeon -General 

rank  of  commodore  when  retired,  &c 

detail  of  assistant,  to  chief  of.- _ _. 

Members  of  Congress.     {See  Congress.) 

Menaces — 

punishment  for  using,  in  the  Navy.. _ _ __  8        10 

Merchandise — 

receiving,  as  freight  without  authority 

receiving,  for  traffic 

subject  to  duty,  not  to  be  imported  in  public  vessels 

Merchant  service — 

license  required  of  Navy  officers  to  command  in  (note) 22 

Merchant  service  (seamen) — 

dying  abroad,  duties  of  consular  officers 1709-1711      220 

deserting  in  foreign  ports,  recovery  of.. 5280      223 


1586 

20 

3721 

26 

1368 

48 

1369 

48 

1474 

48 

1481 

49 

1368 

48 

1474 

49 

1556 

49 

1368 

48 

1474 

49 

1556 

49 

426 

48 

1471 

49 

1471 

49 

1473 

49 

1375 

49 

8 

10 

8 

10 

12 

11 

360  INDEX. 

Sec.  Page. 
Merchant  service  (seamen) — Continued. 

shipping  articles,  what  they  shall  show 4511  241 

rules  with  regard  to  agreements  with  seamen 4512  241 

cases  in  which  they  shall  not  apply 4513  241 

shipping  without  agreement,  penalty  therefor 4514  242 

shipping  knowingly,  contrary  to  law 4515  242 

lost  seamen  may  be  replaced 4516  242 

shipment  of  seamen  in  foreign  ports 4517  242 

to  be  done  in  presence  of  consul 4517  242 

penalty  for  violating  this  provision 4518  242 

deceased  seamen  on  vessels,  master  to  take  charge  of  eflfects 4538-9-40  242-3 

effects  on  shore,  consul  to  take  charge  of 4541  243 

seamen,  to  be  paid  by  consul  in  gold  or  equivalent 4548  244 

may  make  complaint  of  seaworthiness  of  vessel 4559  244 

or  of  her  provisions  and  stores 4559  244 

when  inspection  will  be  ordered _  4559  244 

duties  and  powers  of  inspectors 4560-4561  244 

master  to  pay  charges  of  inspection 4562  244 

complaints,  groundless,  deduction  from  seamen's  wages.  4562  244 

refusal  of  master  to  pay  charges,  penalty 4563  244 

seamen  may  make  complaint  of  provisions  before  sailing 4565  244 

duties  of  customs  officers  in  such  cases 4565  244 

forfeiture  on  false  complaint 4566  244 

permission  to  go  on  shore  to  enter  complaint 4567  245 

destitute  seamen  to  be  provided  for  by  consuls. 4577  245 

and  sent  to  the  United  States 4577  245 

penalty  when  masters  of  vessels  refuse  to  take  them 4578  245 

allowance  for  passage 4579  246 

discharge  of  seamen,  by  authority  of  consuls 4580  246 

payment  of  extra  wages  or  remission  of 4580  246 

duties  of  consul  in  this  respect .__  4581  246 

extra  wages  to  seamen  when  vessel  is  sold  abroad 4582  246 

when  they  may  be  remitted 4583  246 

disposition  of  such  wages 4584  246 

seamen  impressed  in  foreign  port,  proceedings 4589  247 

seamen  deserters,  reclamation  of,  by  consuls 4600  247 

seamen  forced  ashore  or  left  behind  in  foreign  ports 5363  247 

Merchant  vessels.     {See  Vessels,  merchant.  ) 

Messages— 

bringing  seducing,  from  an  enemy 5  9 

sending  or  delivering  seditious 2111-2112  307 

Messengers,  assistant  (in  the  Departments)— 

to  receive  $720  per  annum 167  139 

laws  relating  to  messengers  applicable  [see  below] 

Messengers  (in  the  Departments) — 

to  receive  $840  per  annum 167  139 

number  to  be  governed  by  appropriations,  August  5,  1882 169  140 

as  also  their  rates  of  pay,  August  5,  1882 169  140 

not  to  be  paid  from  contingent  appropriations,  August  5, 1882 —  140 

nor  to  be  employed  beyond  provision  of  law,  August  15, 1876.  140 

Metric  system— 

of  weights  and  measures,  legalized 3569  178 

tables  of  measures  and  weights. 3570  179 


INDEX.  361 

Sec.    Page. 
Mexican  war — 

additional  pay  for  service,  on  certificate  of  merit,   in,    to  non- 
commissioned officers  of  Marine  Corps 1 285      118 

extra  pay  for  services  in  the,  to  Navy  and  Marine  Corps ._  313 

MlANTONOMOH — 

build ing  and  fitting  of  turret  and  pilot-house 100 

Midshipman — 

title  of,  changed  to  junior  ensign 45 

pay  of,  after  graduation.., 1556        65 

on  the  retired  list 1588        70 

Mileage  {see  also  Travel) — 

to  offi.cers  of  the  Navy  traveling  abroad,  decision 314 

Military  command — 

stafi:' officers  not  to  exercise 1488        81 

Military  outfits — 

soldiers  forbidden  to  sell,  furnished  them 3748,  5438  194-5 

Militia— 

called  into  service  to  repel  invasion,  &c 1642      306 

subject  to  Articles  of  War,  &c 1644      306 

to  be  apportioned  among  the  States 1643      306 

may  be  called  out  to  suppress  insurrection 5297      307 

Milk — 

use  of,  in  Navy  ration 1 1581        83 

Minors — 

between  14  and  18  years  may  be  enlisted _,  1418        91 

but  not  veithout  consent  of  parents  or  guardians 1419,1420        91 

Mint — 

dies  of  a  national  character  may  be  executed  at  the 3551       180 

Misappropriating — 

ordnance,  arms,  equipments,  &c 14       194 

Miscellaneous  receipts — 

proceeds  of  sale  of  old  materials  to  be  turned  into  Treasury  as _._  3618      198 

Misconduct — 

officers  not  to  be  retiredfor __ __  1456        86 

but  to  be  brought  to  trial _  1456        86 

may  be  dropped  with  not  more  than  one  year's  pay.     5  Au- 
gust, 1882 85 

Misprision— 

of  felony,  punishment  for 5390      255 

Mitigation — 

of  sentences  of  general  courts-martial 33,  54  15, 18 

decisions  and  opinions  concerning  (notes) 18 

Models — 

estimates  for,  to  be  given  in  detail 3666      131 

expenditures  to  be  accounted  for 3666      131 

of  yachts,  may  be  copied  by  United  States  naval  architects 4215      253 

Molasses— 

allowance  of,  in  Navy  ration 1580        83 

Money — 

delivering  less  than  named  in  receipt  _._ 14        11 

false  certificate  as  to  receipt  of 14        11 

stealing,  embezzling,  misappropriating,  &c 14        11 

Money  orders.     (See  Postage.) 


362  INDEX. 

Sec.    Page. 
Monitors — 

double  turreted,  appropriations  for  engines  of 100 

approaching  for  launching _ 100 

maybe  removed  to  navy-yards _._ 100 

MUEDEE — 

commission  of,  by  persons  in  the  Navy 6          9 

indictment  for  offense,  not  limited 1043      200 

on  public  vessels,  without  territorial  jurisdiction  of  the  United 

States 1624      253 

within  forts,  dock-yards,  arsenals,  &c 5339      254 

on  the  high  seas,  in  bays,  &C- _ 5339      254 

body  of  convict  may  be  delivered  for  dissection 5340      254 

attempting  to  commit,  within  forts,  on  the  seas,  &c 5342      254 

MUSTEE  ROLLS — 

of  ships'  crews  to  be  sent  to  Secretary  Navy 20        13 

casualties  to  be  accounted  for 20        13 

Mutiny — 

punishment  for,  in  the  naval  service 4          8 

on  merchant  vessels  on  the  high  seas 5359      256 

Mutinous  words— 

utterance  of,  punishment  for 8        10 

W. 

Names — 

of  registered  vessels  to  be  painted  on  stern 4178      249 

not  to  be  changed  for  purposes  of  deceit 4179      249 

of  vessels  of  the  Na\y,  how  determined-- 1531        94 

no  two  to  bear  the  same  name --  1532        94 

of  purchased  may  be  changed  -  - 1533        94 

National  Boaed  of  Health  [see  also  Quaeantine) — 

construction  of  refrigerating  ship  on  recommendation  of — : 292 

hulks  to  be  placed  gratuitously  at  disposition  of 292 

duties  connected  with  infected  vessels,  contagious  diseases,  &c —  293 

detail  of  medical  officers  for  service  at  foreign  ports 293 

detail  of  officers  of  Department  for  service  under 293 

appropriations  for 294 

National  cemeteeies— 

inclosures,  headstones,  and  registers 4877        43 

who  may  be  buried  in 4878        44 

National  foundry— 

selection  of  site  for 60 

National  Home— 

admission  of  insane  inmates  of,  to  Government  Insane  Asylum —  41 

what  persons  entitled  to  admission 4832        41 

disposition  of  their  pensions 42 

Natuealization — 

of  aliens,  requirements  to  be  fulfilled 2165-2174  256-8 

of  persons  who  have  served  in  the  merchant  service 2174      258 

Natuealized — 

citizens  of  the  United  States,  protection  to,  in  foreiga  countries ._  2000,  2001       222 

Nautical  Almanac— 

Superintendent  and  pay  of _ 436        50 

printing  and  distribution  of _ 50 


INDEX.  363 

Sec.    Page. 

Nautical  Almanac — Continued. 

money  from  sale  of,  to  go  to  printing  appropriation 50 

civil  employes,  allowed  in  office  of 50 

Nautical  books— 

publication  of,  by  Hydrographic  Office 432        44 

sale,  and  disposition  of  proceeds  .__ --  433        44 

Naval  Academy — 

graduates  of,  to  rank  according  to  proficiency  _._ 1483, 1521        51 

to  be  established  at  Annapolis 1511        51 

appointment  of  naval  cadets 1512        51 

disposition  of  the  graduates --  1512        51 

number  of  cadets  allowed.. 1513        51 

notification  to  members  of  vacancies 1514        51 

examination  of  candidates  for  admission 1515        51 

candidates  failing  mentally  or  physically 1516        52 

age  for  admission 1 517        52 

candidates  to  be  actual  residents  of  districts 1517        52 

.     traveling  expenses,  when  admitted 52 

cadets  not  appointed  in  accordance  with  law  not  to  be  paid 1518        52 

cadets  deficient  at  examination  not  to  be  continued  at 1519        52 

academic  course  to  be  six  years 1520        52 

education  of  naval  constructors  and  steam  engineers 1522        52 

special  course  of  study  and  training  for  cadets 53 

studies  at,  not  to  be  pursued  on  Sunday 1526        53 

detail  of  paymaster  as  storekeeper 1527        53 

assignment  of  professors  of  mathematics  on  duty  at 1528        53 

pay  of  naval  cadets 53 

cadets  entitled  to  rations  or  commutation  therefor 1577        53 

hazing  at,  law  relating  to 53 

Board  of  Visitors,  appointment  of 54 

pay  of  civil  employes  at 54 

Naval  Advisory  Board— 

organization  and  duties  of. - 98 

Naval  Asylum — 

establishment  of  __ 4810        39 

regulations  for  government,  prescribed  by  Secretary  of  Navy 4811        39 

Naval  cadets.    (See  Naval  Academy.  ) 

Naval  constructors— 

appointed  by  President,  with  advice  of  Senate 1402        54 

may  perform  duty  at  yards  and  stations 1404        54 

relative  rank  of 1477        55 

rank  of,  on  retirement  from  age  or  length  of  service 1481        55 

education  of,  at  Naval  Academy 1522        55 

pay  on  active  list 1556        55 

retired  list 1588        70 

Naval  constructors  (Assistant) — 

appointment  of  naval  cadets  as 1403        55 

relative  rank  of  lieutenant  or  master 1477        55 

pay  on  the  active  list 1556        55 

retired  list 1588        70 

Naval  Observatory — 

officer  superintending,  entitled  to  duty  pay 434        56 

adopted  as  the  American  meridian 435        66 


Sec. 

Page. 

1401 

56 

56 

56 

364  INDEX. 


Naval  Observatory— Continued. 

professors  of  mathematics  assignable  to  duty  at 

pay  of  civil  employes  authorized 

purchase  of  new  site  for 

Navigation  (Bureau) — 

established  in  the  Navy  Department 419  181 

appointment  of  chief  of ^ 422  181 

with  relative  rank  of  commodore,  if  of  less  rank 1472  182 

pay  of. 1565  -182 

civil  employes  in,  authorized 182 

Navy  Department  {see  also  under  each  Bureau) — 

to  be  known  as  the  Department  of  the  Navy 415  180 

Secretary  of  the  Navy  to  be  its  head 415  180 

payof__._ 183 

general  duties  prescribed  ___ 417  180 

custody  of  books  and  property 418  180 

bureaus  established  and  distribution  of  business  among  them 419  181 

to  retain  charge  and  custody  of  their  books 420  181 

duties  to  be  performed  under  authority  of  the  Secretary 420  181 

orders  of,  to  have  full  force  as  from  the  Secretary 420  181 

appointment  of  chiefs  of 421-426  181 

pay  of  chiefs  of 1565  182 

staff  officers  serving  full  term  as  chiefs,  exempt  from  sea  service-  1436  182 

except  in  time  of  war 1436  182 

chiefs  of,  rank  and  title 1471  182 

rank  on  retirement 1473  182 

line  officer,  chief  of,  rank  of  commodore 1472  182 

Secretary  to  make  reports  to  Congress  on  subjects  named 429  181 

allowance  and  salaries  of  civil  employes 416  1 82-3 

office  of  Judge- Advocate-General  of  the  Navy  established 109 

Navy  Department  building — 

appointment  of  superintendent  of,  March  3, 1883 184 

employes  authorized,  and  their  pay 184 

Navy  hospital  fund.     (See  Hospital  fund.) 
Navy  pension  fund.     {See  Pension  fund.) 
Navy  Regulations — 

force  and  effect  of  (notes) 19 

orders,  regulations,  &c. ,  to  be  considered 1547  19 

punishment  for  violating 8  10 

officers  to  be  furnished  with __  1548  20 

Naval  storekeepers — 

appointed  by  President,  with  advice  of  Senate 1413  56 

at  yards,  where  necessary 1413  56 

appointment  of  citizens  as,  on  foreign  stations 1414  56 

when  Navy  officers  cannot  be  ordered 1414  56 

required  to  give  bond 1415  56 

pay 1568  57 

commissioned  or  warrant  officers  ordered  as,  on  foreign  stations  _  _  1438  56 

required  to  give  bond ^ 1439  57 

pay  of,  when  so  acting 1567  57 

of  Naval  Academy  to  be  a  paymaster 1527  57 

to  procure  stores  and  other  necessaries 1 527  57 

may  be  discontinued  at  yards 1416  57 


INDEX.  365 

Sec.    Page. 
Naval  supplies.     {See  Contracts.) 
Navy-yard  commission — 

appointment  and  duties  of 59 

Navy-yards — 

validity  of  title  for  lands  purchased  for,  to  be  determined 355        57 

district  attorneys  and  Departments  to  furni.sh  information. __  355        57 

expense  to  be  paid  from  contingencies 355        57 

civil  engineer  and  storekeeper  may  be  appointed  at 1413        57 

civil  officers  may  be  discontinued  at 1416        57 

selection  of  commandants,  not  below  commander 1542        58 

mechanical  departments,  selection  of  heads  for 1543        58 

laborers  to  be  employed  for  skil  1  and  efficiency 1544        58 

salaries  only  to  employes  estimated  for 1545         58 

per  diem  employes  to  be  paid  for  actual  time 1545         58 

workingmen  exempt  from  political  c  )ntributioiis 1546         58 

not  to  b3  discharged  forpolitical  opinions 1546         58 

assent  of  State  may  be  procured  to  erect  buildings 1838        58 

fuel  for,  how  purchased 3728         58^ 

appropriation  before  purchase  of  land  for 3736         58 

eight  hours  to  constitute  a  day's  work 3738        58^ 

wages  of  workmen,  how  fixed 58 

arson  of  buildings,  punish nient  prescribed 5385-5386         59 

of  vessels,  timber,  &c 5386-5387        59 

increase  of  force  prior  to  elections,  procedure 59 

wet-dock  for  Norfolk  yard 59 

commission  to  report  on  discontinuance  of 59 

coaling-dock  at  Port  Royal 60 

Government  foundry,  commission  to  select 60 

Coasters'  Harbor  Island,  wharf  to  be  erected 60 

closing  of  yards,  authority  given 60 

yard  at  Washington  excepted 60 

marine  officers,  not  to  exercise  command  over 1617       110 

inventory  of  stores  in,  to  be  taken . 197 

appraisal  and  sale  of 197 

soliciting  and  receiving  contributions  in,  for  political  purposes, 

forbidden 209 

punishment  for  certain  crimes  and  offenses  committed  in,  5339,  5341,  5342, 

5345,  5348,  5391  254-6 
Neglect — 

of  duty,  punishment  for 8        10 

of  orders,  punishment  for 8        10 

Neutrality — 

arming  vessels  to  cruise  against  United  States  vessels 5284      260 

augmenting  force  of  foreign  vessels  of  war 5285      260 

military  expeditions  against  people  at  peace  with  the  United  States.  5286      260 

district  courts  to  take  cognizance  of  complaints 5287      260 

compelling  foreign  vessels  to  depart 5288      261 

military  and  naval  force  may  be  used  for  the  purpose 5288      261 

armed  vessels  before  sailing  to  give  bond _  5289      261 

may  be  detained  by  collectors  of  customs 5290       261 

until  decision  of  President  or  bond  is  given 5290      261 

foreign  subjects  may  enlist  on  armed  vessels  under  certain  con- 
ditions  . 5291       261 


366  INDEX. 

Sec.    Page. 
Neute  ALIT  Y — Continued . 

if  their  country  be  at  peace  with  the  United  States 5291      261 

decisions  and  opinions  concerning  (notes) 261-2 

amelioration  of  the  wounded,  international  convention 262-5 

hospital  service,  non-combatants,  neutral  persons,  &c 262-5 

alien  enemies,  removal,  arrest,  &c 4067-4070  265-6 

Newspapers — 

annual  allowance  from  contingent  fund,  for 192, 193, 1779  161-2 

in  the  District  of  Columbia,  in  which  to  advertise 129 

Nobility — 

title  of,  renouncement  to  become  citizens  of  the  United  States 2165      267 

O. 

Oath — 

to  be  administered  in  summary  courts 28         14 

in  general  courts-martial 40,  41        16 

in  courts  of  inquiry 58        18 

of  public  officers  making  return  of  contracts __.  3745        30 

to  be  taken  by  officers  and  men  of  the  Marine  Corps  -_ 1 609      110 

form  for  enlisted  men 1342       110 

to  be  taken  by  persons  appointed  to  office--- -_ 1756-57      144 

before  whom  it  may  be  taken 1758       144 

to  be  preserved  and  filed 1759      144 

requirement  of,  deemed  complied  with  by  an  affirmation 199 

may  be  administered  by  auditor,  in  settling  accounts  -_- —  297      127 

under  laws  of  the  United  States,- before  whom  may  be  taken 1778      144 

to  be  taken  by  claim  agents 3478-9      154 

to  be  taken  by  aliens  to  become  citizens 2165      256 

Observatory,  (^ee Naval  Observatory.) 

Offenders — 

failing  to  detect  and  bring  to  punishment 8        10 

Offenses  on  shore — 

punishment  for  committing 23        14 

jurisdiction  in  matter  of  trial  (note) 13 

Office  (see  also  Civil  Service) — 

persons  in  the  Navy  not  to  hold ,  in  Territories 1 860        20 

disqualification  for,  by  interfering  in  elections,  &c 5532        21 

deserters  incapable  of  holding 1996,  1997,  1998     33-4 

conspiracy  to  prevent  persons  accepting  or  holding 5518      310 

disqualified  for,  by  engaging  in  rebellion 5334      308 

by  committing  treason ^ 5332      308 

decisions,  &c. ,  as  to  appointment  to  (notes) 100 

as  to  suspension,  tenure  of  office  act  (notes) 148 

Officers— 

list  of,  on  vessels  to  be  sent  to  Secretary  of  the  Navy 20        13 

through  whose  negligence  life  is  lost,  guilty  of  manslaughter.  5344      255 

of  vessels,  to  be  citizens  of  the  United  States 1428,  4131  94,  247 

Oil— 

for  yards,  estimates  for,  to  be  in  detail 3666      131 

Old  material.     (S'ee  Sales.) 

Opinions  (see  Attorney-General) — 

of  Attorney-General ,  editing  and  printing  of 383       138 

distribution  from  time  to  time 383      138 


INDEX.  367 

Sec.    Page. 

Oppression — 

of  persons  subject  to  orders 8        10 

Orders  (see  General  Orders) — 

disobedience  of  lawful,  how  punishable 4          8 

not  properly  observing  in  battle,  punishment  for 4          9 

negligence  or  carelessness  in  obeying 8        10 

issued  by  Secretary  prior  to  July  14,  1862,  recognized  as  regula- 
tions of  the  Navy _ 1547        19 

Ordnance  (Bureau) — 

establishment  of,  in  the  Navy  Department ._ 419      181 

appointment  of  Chief- - 422      181 

with  relative  rank  of  Commodore,  &c _-_ -  1472      182 

payof-_- -  1565      182 

civil  employes  allowed  in 182 

Ordnance — 

condemned,  sale  of,  and  use  of  proceeds.     March  3,  1875 198 

not  required  to  be  purchased  from  lowest  bidder 3721        26 

misappropriating,  stealing,  &c 14        11 

purchasing  or  receiving  from  those  not  authorized  to  sell 14        11 

Government  foundry  for  heavy 60 

meaning  of  the  word  in  section  3721 315 

Oriental  countries — 

immigi'ation  from 259,  302 

Outstanding  liabilities — 

amount  of  unpaid  checks,  to  be  deposited  as  — 306,  307,  308  172 

Oxen— 

used  in  yards,  estimates  for,  to  be  in  detail 3666      131 

P. 

Packing-boxes — 

estimates' for,  to  be  in  detail 3666      132 

Panama— 

Isthmus  of,  appropriation  for  coaling  stations  at 313 

Pardon — 

in  case  of  both  pecuniary  and  corporal  punishment 

decisions  and  rulings,  in  reference  to  (notes) 

of  cadets  for  hazing,  not  recommended  (notes) 

not  to  authorize  payment  of  disloyal  clai  mant 

Parole— 

pay  of  prisoners  to  cease  after 

traveling  expenses  allowed 

Passed  Assistant  Surgeons.    (See  Surgeons,  Passed  Assistant.) 
Passed  Assistant  Paymasters.     {See  Paymasters,  Passed  As-  . 

sistAnt.  ) 
Passed   Assistant   Engineers.     {See  Engineers,    Passed    As- 
sistant.) 
Passengers — 

lists  of,  on  vessels,  to  be  sent  to  Secretary  of  the  Navy 20        13 

Passport — 

for  vessels  to  be  furnished  by  collector 

penalty  for  departing  without 

for  unregistered  vessels 


5330 

254 

151 

54 

3480 

154 

1288 

119 

1288 

116 

4306 

250 

4307 

250 

4308 

250 

368  INDEX. 


Patented — 

articles  connected  with  steam-engines,  conditions  of  use  or  pur- 
chase — - 

inventions  not  previously  known  may  be 

also  those  previously  patented  abroad 

inventions  may  be,  by  officers,  without  fees,  on  certain  conditions  . 
Pay  of  the  Navy — 

estimates  for,  to  be  in  detailed  classifications 

to  be  used  only  for  its  legitimate  purposes,     June  19,  1878 

not  to  be  carried  to  the  surplus  fund.     June  20,  1874 

payments  to  officers  and  men  not  to  exceed  the  appropriation 

Pay— 

may  be  included  in  sentence  of  suspension 

forfeiture  of,  durihg  confinement  or  suspension  (note) 

no  additional,  for  service  in  volunteer  army  or  navy,  March  3, 1883 
of  Superintendent  of  the  Observatory 

civil  employes  allowed  at  the  Observatory 

of  civilian  store-keepers,  foreign  stations 

officers,  store-keepers  on  foreign  stations 

does  not  include  rations  or  subsistence  (notes ) 

pay  account  not  commercial  paper  (notes) 

and  emoluments  include  quarters ^ 

of  officers,  on  the  active  list 

on  furlough,  half  of  leave  pay 

prescribed  in  sections  1556  and  155  to  be  total  compensation 

of  volunteer  service,  same  as  Regular  Navy 

of  officers  commences  on  acceptance 

except  where  bond  is  required 

when  promoted,    June  22,  1874 

absent,  when  subj ect  to  examination 

performing  duties  of  acting  paymaster ^^__ 

of  chiefs  of  bureaus 

of  officers  in  charge  of  stores,  foreign  squadrons 

of  rated  men,  to  be  fixed  by  the  President 

additional  when  serving  as  firemen  and  coal-heavers 

detained  beyond  time  of  enlistment 

three  months' additional,  re-enlistmg  under  honorable  discharge 

of  crew  of  wrecked  vessels,  to  continue,  &c 

of  officers  and  men  of  vessels  taken  by  the  enemy 

assignment  of,  by  enlisted  persons,  how  attested 

of  officers  on  the  retired  list . 

certain  rear-admirals,  promoted  after  retirement 

retired,  third  assistant  engineers 

of  retired  officers  on  active  duty 

on  furlough 

no  increase  of,  after  retirement 

of  officers  on  coast  survey,  subsistence  in  addition  to 

pro  rata,  for  part  of  year 

per  diem,  of  persons  attending  courts-martial,  &c. ,  estimates  for,  in 

detail 

of  assistant  surgeons  not  in  line  of  promotion 

longe\ity,  to  officers  of  the  Navy  (decision) _ 


Sec.    Page. 


1537 

266 

4886 

266 

4887 

266 

267 

132 

135 

135 

1569 

69 

48 

17 

18 

21 

434 

56 

56 

1568 

57 

1567 

57 

61 

61 

61 

1556  65-67 

1557 

68 

1558 

68 

1559 

68 

1560 

68 

1560 

68 

1561 

68 

1562 

68 

1564 

69 

1565 

69 

1567 

69 

1569 

69 

1570 

69 

1572 

69 

1573 

69 

1574 

69 

1575 

69 

1576 

70 

1588 

70 

1589 

70 

1590 

70 

1592 

70 

1593 

70 

1591 

70-88 

4688 

70 

2687 

72 

3666 

132 

312 

313 

INDEX.  369 

Sec.  Page. 
Pay,  extra  (see  also  under  Pay) — 

not  allowed  to  clerks  with  annual  salary 170  71 

nor  for  performing  duties  of  another  office,  except,  &c 1763, 1764  71 

not  allowed  for  disbursement  of  money 1765  71 

nor  for  other  duty  not  authorized  by  law 1765  71 

unless  appropriations  are  made  therefor 1765  71 

for  disbursing  appropriations  for  construction  of  public  buildings.  3654  72,  313 

no  civil  officer  to  receive,  beyond  salary.    June  20,  1874 72 

not  to  apply  to  payment  of  attorneys  by  Department  of  Jus- 
tice   72 

for  service  in  theMexican  war 313 

to  Marine  band 1613  114 

Pay'  (Marine  Corps) — 

same  as  to  the  infantry  of  the  Army 1612  114 

of  the  Marine  band 1613  114 

deductions  for  Navy  hospital  fund 1614  114 

pay -table,  and  laws  on  which  based 1261  115 

additional,  for  each  five  years'  service 1262  115 

total  not  to  exceed  40  per  centum  of  yearly  pay 1263  115 

longevity  pay  for  volunteer  service,  June  18,  1878 115 

manner  of  computing,  June  30,  1882 116 

brevets  confer  no  title  to  additional 1264  116 

when  absent,  on  leave  or  sick 1265  116 

of  colonel  not  to  exceed  $4,500 1267  116 

lieutenant-colonel  not  to  exceed  $4,000 1267  116 

to  be  made  monthly  by  paymaster 1268  116 

pay-table  of  enlisted  men. 117 

statutes  on  which  based 1280-1285  118 

additional  on  re-enlistment 1281-1283  118 

retention  of,  on  re-enlistment 1282  118 

forfeiture  of  retained 1282  118 

additional,  on  re-enlisting  under  honorable  discharge 1284  118 

past  continuous  service  to  be  considered 1284  118 

additional,  upon  certificate  of  merit.  Army 1285  118 

rated  according  to  length  of  service 1283  118 

for  service  in  Mexican  war 1283  119,  313 

continuation  of,  during  captivity 1288  119 

not  to  continue  after  parole 1288  119 

artificers  and  laborers,  increased  pay  when  detailed  as 1287  119 

for  travel,  to  officers  discharged 1289  119 

to  soldiers  discharged 1290  119 

assignment  of,  previous  to  discharge  not  valid 1291  120 

no  allowances  in  addition  to,  except,  &c 1 269  120 

when  mounted,  to  receive  pay,  emoluments,  &c.,  of  cavalry 1270  120 

not  to  be  carried  to  surplus  fund 135 

PAY'  Corps  (see  also  Disbursing  Officers) — 

grades  and  number  allowed 1376  61 

restriction  on  promotions  in 61 

appointments  to,  by  President,  with  the  advice  of  the  Senate 1378  62 

examination  before  appointment 1379  62 

limits  as  to  age.  not  under  21  nor  over  26 1379  62 

acting  appointments  in  ships  at  sea,  &c 1381  62 

appointment  of  "Fleet  Paymaster" 1382  63 

11181 24 


370  INDEX. 

Sec.    Page, 
Pay  Corps — Continued. 

pay  to  which  entitled __  1564  63 

bonds  to  be  given  by  officers  of 1383  62 

new  bonds  when  required 1384  62 

not  affected  by  new  commission 1385  62 

preparation  of  (memorandum) 63 

clerks  allowed 1386-1387-1388  63 

advances  and  loans  not  to  be  made  by  officers  of ^    1389  63 

duties  of,  not  required  to  be  performed  by  commanding  officers  __  1432  63 

relative  rank  of  officers  of 1475  63 

retirement  of  officers  from  age  or  length  of  service 1481  63 

storekeeper  at  Academy  to  be  an  officer  of 1527  64 

pay  of  officers  of,  on  active  list 1556  64 

Paymaster-General — 

Chief  of  Bureau  of  Provisions  and  Clothing  to  have  title  ot 1471  63 

with  relative  rank  of  commodore 1471  63 

Paying  off — 

of  crew,  officer  to  attend 20  13 

Pay  directors — 

thirteen  authorized  on  active  list 1376  61 

with  relative  rank  of  captain 1475  63 

pay  of,  on  the  active  list.-. 1556  64 

on  retired  list 1588  70 

Pay  inspectors — 

thirteen  allowed  on  active  list 1376  61 

with  relative  rank  of  commander 1475  63 

pay  of,  on  active  list 1556  64 

on  retired  list 1588  70 

Paymasters  of  the  fleet — 

designation  of,  by  the  President 1382  62 

clerks  to  which  entitled 1386  63 

pay  of 1556  64 

Paymasters— 

to  take  care  of  property  of  persons  dying  on  board  ship 20  13 

forty,  allowed  on  the  active  list 1376  61 

to  be  promoted  from  passed  assistants 1 380  62 

office  becoming  vacant  at  sea,  how  filled 1381  62 

pay  to  which  entitled 1381-1564  62-64 

to  give  bond  in  the  sum  of  $25,000 1383  62 

new  bonds  when  required 1384  62 

bond  not  aftected  by  new  commission . 1385  62 

' '  of  the  fleet, ' '  designation  by  President 1382  63 

when  allowed  clerks 1386-1388  63 

not  to  loan  or  advance  money 1389  63 

commanding  officers  not  required  to  act  as 1432  63 

relative  rank  of 1475  63 

retirement  from  age  or  length  of  service 1481  63 

detail  of,  as  storekeeper  at  the  Naval  Academy 1527  64 

pay  of,  on  the  active  list 1556  64 

on  the  retired  list _ 1588  70 

settlement  of  accounts  of,  on  lost  vessels 284  128 

Paymasters  (Passed  Assistant) — 

twenty  allowed  on  the  active  list 425  61 

with  relative  rank  of  lieutenant  or  master 1475  63 


INDEX.  371 

Sec.  Page. 
Paymasters  (Passed  Assistant)— Continued. 

appointed  by  President,  with  the  advice  of  the  Senate 1378  62 

to  be  promoted  from  assistants 1380  62 

office  becoming  vacant  at  sea,  how  filled 1381  62 

pay  to  which  entitled 1564  64 

to  give  bond  for  $15,000 1383  62 

new  ones  when  required 1384  62 

when  allowed  clerks 1386-1388  63 

not  to  advance  or  loan  money 1389  63 

commanding  officers  not  required  to  perform  duties  of 1432  63 

pay  of,  on  active  list 1556  64 

on  the  retired  list 1588  70 

Paymasters  (Assistant) — 

ten  allowed  on  the  active  list 425  61 

with  relative  rank  of  master  or  ensign 1475  63 

appointed  by  President,  with  the  advice  of  the  Senate 1378  62 

if  not  over  26  or  under  21  years  of  age 1379  62 

after  examination 1379  62 

office  becoming  vacant  at  sea,  how  filled 1381  62 

acting,  to  receive  pay  of  grade 1564  64 

to  give  bond  for  $10,000 1383  62 

and  new  one  when  required 1384  62 

new  commission  not  to  affect  bond 1385  62 

whenallowed  clerks 1386-1388  63 

not  to  advance  or  loan  money 1389  63 

commanding  officers  not  to  perform  duties  of 1432  63 

pay  of,  on  the  active  list . 1556  64 

on  the  retired  list 1588  70 

Pease — 

allowance  in  Navy  ration 1580  83 

Pecuniary — 

punishment  with  corporal,  pardon  or  remission  of  either 5330  254 

Penalty  envelopes.     {See  Postage.) 
Penalties  {see  also  Fines) — 

incurred,  not  affected  by  repealing  acts 200 

limit  as  to  suits  for __  1047  200 

incurred,  not  affected  by  previous  statute 5598  201 

Penitentiary — 

punishment  by  imprisonment  in 7  9 

Pensions— 

deduction  of,  from  persons  admitted  to  hospitals 4813  40 

of  persons  admitted  to  national  homes,  disposition  of 42 

amendment  of  section  4702  (supplement) 311 

commencement  of,  under  general  laws 311 

arrears  of,  payment 312 

for  survivors  of  the  war  of  1812 312 

under  both  special  and  general  laws,  prohibition 312 

for  loss  of  sight  of  both  eyes 312 

invalid,  to  persons  disabled  since  March  4,  1861 4692  267 

to  continue  during  disability 4692  267 

classes,  in  military  and  naval  service,  entitled  to  invalid 4693  267 

for  wounds,  or  sickness  contracted  since  July  27,  18(58 4694  268 

wounds,  &c.,  must  have  been  received  in  line  of  duty 4694  268 


372 


INDEX. 


Sec.  Page. 
Pensions — Continued. 

line  of  duty  defined,  in  Army  and  Navy  (notes  p.  272) 4694  268 

rate  of,  for  total  disability  in  Navy  and  Marine  Corps 4695  268 

extended  to  masters,  pilots,  &c.,  on  gun-boats 4695  268 

to  engineers  in  the  naval  service.     March  3,  1877 269 

according  to  rank,  when  disability  originated 4696  269 

rank  to  be  determined  by  date  of  commission,  &c 4696  269 

provided  a  vacancy  existed  in  the  rank 4696  269 

that  the  person  was  not  disabled 4696  269 

nor  did  not  refuse  to  muster 4696  269 

increase  of,  except  for  permanent  specific  disability,  not  to  com- 
mence prior  to  surgeon's  certificate 4698^  269 

certificate  of  surgeon  of  examining  board  to  be  approved  by 

Commissioner  of  Pensions 4698^  269 

disability  not  otherwise  provided  for,  amount  allowed 4699  269 

to  widow  and  children,  since  March  4,  1861 4702  269 

to  commence  from  death  of  husband  or  father 4702  269 

if  widow  remarries,  children  alone  entitled,  except,  &C-_  4702  269-311 

increase  to  widow,  after  July  25,  1866,  for  each  child 4703  269 

to  continue  during  widowhood  or  maintenance 4703  269 

of  persons  whose  rights  accrued  prior  to  March  4,  1861 4712  270 

commencement  in  such  cases 4713  270 

and  pay  not  to  be  drawn  at  same  time 4724  270 

unless  employed  in  lower  grade,  or  civil  bran?h  of  the  serv- 
ice  4724  270 

to  persons  in  naval  service  disabled  prior  to  lilarch  4, 1861 4728  270 

rate  of,  to  engineers,  firemen,  and  coal-heavers  in  the  Navy__  4728  270 

but  not  for  disability  prior  to  August  31,  1842 4728  270 

to  their  widows  and  children  in  case  of  death 4729  270 

rates  governed  by  pay  as  it  existed  January,  1835 4729  290 

but  varied  after  25th  July,  1866 4729  270 

table  of  rates  for  total  disability  of  officers 271 

for  specific  disabilities 271 

for  disabilities  not  specified  by  law 272 

for  twenty  years'  service  in  Navy  or  Marine  Corps 4756  273 

in  lieu  of  home  in  the  Naval  Asylum 4756  273 

equal  to  one-half  of  pay  of  rating  when  discharged 4756  273 

for  ten  years'  service  in  Navy  or  Marine  Corps 4757  273 

not  to  exceed  rate  for  full  disability 4757  273 

to  be  paid  from  the  naval  pension  fund 4752  273 

Pension  fund  (Navy) — 

Secretary  of  the  Navy  to  be  the  trustee  of 4750  272 

fines  and  penalties  for  cutting  timber  to  go  to  credit  of 4751  272 

power  of  the  Secretary  to  mitigate  fines 4751  272 

to  be  invested  in  registered  securities  semi-annually 4753  273 

interest  payable  semi-annually  in  coin  to  the  Secretary  of  the 

Navy 4753  273 

which  may  be  exchanged  for  currency 4753  273 

to  be  at  the  rate  of  3  per  cent,  per  annum,  lawful  money.  4754  273 

pensions  to  be  paid  from,  upon  appropriations  by  Congress 4755  273 

to  be  used  for  paying  service  pensions 4756,  4757  273 

moneys  accruing  to  the  United  States  from  prizes  to  be  placed  to 

creditof. 4752  273 

for  the  payment  of  pensions 4752  273 


INDEX.  SIS' 

Sec.    Pagff, 
Pen'SIOX  fund  (privateer) — 

Secretary  of  the  Navy  to  be  trustee  of 4758      274 

provisions  of  law  concerning 4759-5763      274 

Periodicals — 

restriction  on  purchase  of 1779      162 

Perjury — 

committing,  to  secure  payment  of  claims 14        11 

committed  before  naval  general  courts-martial 1023      275 

for  the  purpose  of  obtaining  allowances,  claims,  &c 1624      275 

by  statements  under  oath,  knowing  them  to  be  untrue 5392      275 

penalty,  imprisonment,  fine,  and  incapacity  for  office 5392      275 

procuring  others  to  commit,  guilty  of  subornation  of  perjury 5393      275 

and  punishable  in  same  manner  as  perj  ury 5393      275 

forms  of  indictment,  sufficiency  and  manner  of  presenting 5396      275 

presentments  or  indictments  for  subornation  of 5397      275 

Permanent  appropriations — 

what  to  be  considered .J 3689      134 

Personal  effects — 

compensation  to  crews  for  loss  of 288      128 

to  officers  for  loss  of 289      128 

of  seamen  on  board  of  merchant  vessels,  deceased 4538,  4539      242 

penalty  for  violating  law  of  requirements 4540      243 

of  seamen  dying  in  foreign  ports,  consul  to  take  care  of 4541      243 

Personal  services — 

advertisement  for  contracts  for,  not  required 3709  '   130 

Petty  officers.     {See  Seamen.  ) 
Physics — 

assistant  professor  oi',  at  the  Naval  Academy 54 

Pickles — 

allowance  of,  in  Navy  ration 1580        83 

how  procured 3726        84 

Pillory — 

standing  in,  as  a  punishment  not  to  be  in flicted 5327      254 

j  urisdiction  of  State  courts  not  impai  red 5328      254 

Pilotage — 

estimates  for,  to  be  in  detail 3666      132 

to  be  regulated  by  State  laws 4235      279 

employment  of  pilots  on  State  boundaries 4236      279 

discrimination  not  to  be  made  in  vessels  between  different  States-  4237      279 

nor  against  vessels  propelled  in  whole  or  in  part  by  steam 4237      279 

nor  against  national  vessels 4237      279 

Government  vessels  not  bound  to  take  pilots  (notes) 279 

Piracy — 

what  courts  have  j  urisdiction  of  offenses 563      276 

acts  of,  defined,  and  penalty  prescribed 4293-4296      276 

5323, 5324   277 
5368-5384  277-9 

accessories  after  the  fact,  how  punished 5533      279 

public  vessels  may  be  authorized  to  seize  persons  engaged  in 4298      277 

custom-house  officers,  &c. ,  to  proceed  against  vessels  fitted  for 4299       277 

definition  of,  opinions,  &c.,  (notes) 277 

Plans— 

of  buildings,  &c.,  expense  of  changing,  not  to  be  paid  without 

authority  of  Congress 196 


374  INDEX. 

Sec.    Page. 
Plans— Continued. 

to  accompany  estimates  for  buildings 3663      131 

to  be  approved  by  the  Secretary  of  the  Treasury,  &c 3734      192 

of  yachts  may  be  copied  by  naval  architects 4215      253 

Pledge— 

by  soldiers  of  clothing,  accouterments,  &c. ,  forbidden 3748      194 

of  public  property  by  persons  in  custody  thereof 5438      195 

by  persons  in  naval  or  military  service  of  supplies,  &c 5438      195 

Plundering — 

and  abusing  inhabitants  on  shore 8        10 

Police  duties — 

extra,  as  punishment 30        15 

Poisoning — 

of  persons  within  the  j  urisdiction  of  the  United  States 5339      254 

Political  purposes — 

contributions  for,  prohibited  in  the  Government  service.     August 

15, 1876 t 209 

promotion  or  degradation  for,  not  alloveed.    January  16, 1883 ^ .  209 

Political  fund — 

persons  in  civil  service  not  required  to  contribute  to.     January  16, 

1883 141 

nor  to  render  any  political  service 141 

Mling  to  do  either  not  to  work  removal  or  prejudice 141 

Polls — 

troops  not  to  be  brought  to  the 2002,  5528    20-1 

except  to  repel  enemies  of  the  United  States 2002,  5528    20-1 

Pork  (salt) — 

allowance  of,  in  Navy  rations 1580        83 

Portraits — 

impressions  from,  may  be  furnished  by  Bureau  of  Engraving 188 

Port  Eoyal  Harbor — 

erection  of  coaling  dock  and  warehouse 60 

Post  traders — 

appointment  of,  in  the  Marine  Corps.     July  24,  1876 111 

Postal  CARDS.     (>Sfee  Postage.) 
Postage  (Navy) — 

estimates  for,  to  be  in  detail 3666       131 

Postage  (mail  matter) — 

rates  of  foreign,  not  embraced  in  postal  convention 3912      280 

in  vessels  not  regularly  employed  to  carry  mail —  3913      280 

vessels  in  merchant  service  to  receive  mails 3976      280 

rates  of  postage  allowed 3976      280 

domestic,  division  into  classes.     March  3,  1879 280 

postal  cards,  transmission  of,  through  the  mail 280 

issue  of  double,  authorized 283 

letters  of  soldiers  and  sailors,  provision  for  transmitting 280 

mailable  matter  of  second  class  defined 280 

of  third  and  fourth  classes  defined 281 

*' circular"  and  " printed  matter "  defined 281 

on  matter  of  first  class,  two  cents  half  an  ounce 281 

one  full  rate  paid,  matter  to  be  forwarded 281 

Department  stamps,  how  to  be  procured 281 

for  what  purposes  they  can  be  used  (notes) 282 

penalty  envelopes  to  bear  certain  indorsements 282 


INDEX.                                   .  376 

Sec.    Page. 

Postage  (mail  matter) — Continued. 

for  what  purposes  they  can  be  used _ 282 

letter-sheet  envelopes,  issue  of,  authorized _-. _-  283 

money  orders,  laws  relative  to _ ___4033-4040  283-4 

in  what  sums  issued,  and  fees 284 

postal  notes,  regulations  as  to  issue  and  use 284 

Potatoes  (desiccated) — 

allowance  in  Navy  ration 1580        83 

substi  tution  of  desiccated  tomatoes  for 84 

Pound  sterling — 

value  of,  inpayments 3565      177 

Powers  of  attorney — 

for  assignment  of  wages,  prize  money,  &c.,  attestation  of 1430-1576-4643 

92, 93, 315 

assigning  claims,  &c. ,  how  made  and  attested 3477       153 

falsely  making,  altering,  &c •    5421-22       226 

using,  to  secure  wages,  &c 5436      227 

Precedence — 

of  commanding  officers 1468        79 

of  aid  or  executive  to  commanding  officer 1469        79 

of  officers  in  processions,  on  courts,  &c 1489         81 

between  officers  of  Army  and  Marine  Corps  co-operating 1342      107 

Premiums — 

from  sale  of  drafts  or  checks  to  be  accounted  for 3652      174 

for  recruiting,  estimates  for,  to  be  in  detail 3666      132 

Presents  (from  foreign  governments) — 

to  be  tendered  through  Department  of  State.     January  21,  1881.  21 
not  to  be  accepted  without  authority  of  Congress.     January  21, 

1881 21 

nor  publicly  shown  or  exposed  upon  the  person  receiving  them  21 

Presents — 

to  superiors,  contributions  for,  not  to  be  solicited 1784      208 

superiors  not  to  receive,  from  subordinates 1784      208 

Preserved  meats — 

allowance  of,  in  Navy  rations 1580        83 

how  they  may  be  procured 3726        84 

Prisoners — 

master-at-arms  neglecting  duty  as  to,  or  allowing  escape  of 8        10 

pay  of  marines,  to  continue  during  captivity 1 288      119 

to  cease  when  paroled 1288      119 

allowing,  in  custody  under  law  to  escape 5409      225 

Privateer  pension  fund.     (See  Pension  fund.  ) 

Prize — 

attempts  to  defraud  in  matters  of 5441       228 

vessels  condemned  as,  entitled  to  register 4132      248 

money  accrued  to  United  States  from  proceeds  of,  to  go  to  pen- 
sion fund  4752       273 

provisions  of  law  relative  to 4613-5441  285-92 

Prize-money — 

commanding  officers  to  discourage  sale  of,  by  men 1430        92 

when  to  attest  powers  of  attorney. 1430        92 

assignments  of,  by  men,  to  be  attested  by  commanding  officer  —  4643      315 

attempting  to  obtain,  by  false  papers 5436      227 

appropriation  for  payment  of,  to  captors 3689       134 


Sec. 

Page. 

15 

12 

16 

12 

17 

12 

16 

34 

15 

45 

17 

52 

17 

54 

18 

18 

60 

19 

19 

19 

376  INDEX. 


Prize  lists — 

commanding  officers  to  transmit 

Prize  vessels  {see  also  Prize) — 

property  not  to  be  removed  from,  until  adjudged  as  prize 

crews  of,  not  to  be  pillaged  nor  maltreated 

Proceedings — 

of  courts  and  boards  to  be  sent  to  the  Judge- Advocate-General 

(foot-note) 

of  summary  courts,  how  conducted 

of  general  courts-martial,  suspension  of 

authentication  of 

revision  of 

party  interested  entitled  to  copy  of  (note) 

of  courts  of  inquiry,  authentication  of 

parties  not  entitled  to  copy  of,  as  a  right  (note) 

opinions  and  decisions  on  (notes) 

Profane  swearing — 

punishment  for 8  9 

Professors  (civil) — 

at  Naval  Academy,  pay  of 54 

Professors  of  mathematics — 

superintendency  of  Nautical  Almanac  may  be  placed  under 

to  receive  shOre-duty  pay  of  grade 

number  not  to  exceed  twelve 

appointed  by  the  President,  with  the  advice  of  the  Senate 

after  examination.     January  20,  1881 

to  perform  such  duties  as  Secretary  may  assign 

relative  rank  of,  on  the  active  list 

when  retired  from  age  or  length  of  service 

pay  of,  on  the  active  list 

on  the  retired  list-   

assignment  of,  as  professors  at  the  Naval  Academy 

Promotion — 

pay  of  officers  on,  commencement  of  increase 

of  seamen  for  heroism 

medal  and  gratuity  allowed 

officers  not  recommended  for,  to  be  retired 

unless  for  immoral  conduct,  &c.,  then  to  be  dismissed.     Au- 
gust 5,  1882 

of  officer  next  in  rank,  in  case  of  vacancy  from  retirement 

to  only  one-half  of  vacancies  in  line,  until  number  is  reduced.    Au- 
gust 5, 1882 

same  in  staff  corps.     March  3, 1883 

physical  examination  and  qualification  before 

exception  in  case  of  wounded  officers 

to  grade  limited  in  number,  when  entitled  to  increased  pay 

mental,  moral,  and  professional  examination  before 

of  commodores  to  rear-admirals,  in  time  of  peace 

examining  board  to  be  senior  in  rank  to  officer  examined 

power  to  take  testimony 

and  to  swear  witnesses 

facts  prior  to  last  examination  not  to  be  inquired  into 

unless  continuing  fact  shows  unfitness 


436 

73 

436 

73 

1399 

73 

1400 

73 

74 

1401 

73 

1480 

73 

1481 

73 

1556 

74 

1588 

70 

1528 

74 

1561 

68 

1407 

74 

1407 

74 

1447 

74 

76 

1458 

74 

74 

75 

1493 

75 

1494 

75 

1495 

75 

1496 

75 

1497 

75 

1498 

75 

1499 

75 

1499 

75 

75 

75 

INDEX. 


Peomotion — Continued. 

re-examination  in  cases  where  this  provision  is  violated. ___- 

right  of  officer  examined  to  be  present 

his  statement,  testimony  of  witnesses,  and  examination  to  be 

recorded 

record  and  finding  of  board  to  be  presented  to  President 

with  matter  from  the  files  on  which  judgment  is  based 

no  rej  ection  for,  until  after  public  examination 

unless  on  failure  of  candidate  to  appear 

form  of  report  or  recommendation  of  board 

suspension  for  one  year  of  officers,  below  grade  of  commander,  not 

professionally  qualified 

with  corresponding  loss  of  date 

dropped  on  failing  on  re-examination 

rejected,  on  account  of  drunkenness  or  misconduct,  to  be  dropped. 

Augusts,  1882 

with  not  more  than  one  year's  pay.     August  5,  1882 

advancement  for  conspicuous  conduct  in  battle  authorized 

although  grade  may  be  full 

advancement  on  receiving  vote  of  thanks 

vacancy  from  retirement  or  death  of  such,  not  to  be  filled 

to  affect  such  officer  only 

retention  on  active  list  not  to  interfere  with  promotion  of 

others 

commencement  of  pay  of  officers  promoted  in  regular  order 

or  absent  when  entitled  to  examination 

rank  to  which  entitled 

of  marine  officers  for  gallantry 

or  on  receiving  vote  of  thanks 

Property  {see  also  Derelict) — 

wrecked  and  derelict,  disposition  of 

on  shore,  plundering  or  injuring 

Proposals.     {See  Contracts.) 
Protection — 

of  American  citizens  in  foreign  countries 

Provisions — 

wasting  or  permitting  waste  of 

inspection  of,  to  made  by  commanding  officer 

precautions  for  preservation  of,  to  be  taken 

for  the  Navy,  how  procured 

to  be  furnished  naval  detachments  co-operating  with  Army 

Provisions  and  Clothing  (Bureau)— 

chief  to  be  a  paymaster  of  not  less  than  ten  years'  standing 

to  have  rank  of  commodore  and  title  of  Pay  master-General  __ 

pay  of 

rank  when  retired ■ 

serving  full  term,  exempt  from  sea  duty  except  during  war  __ 

civil  employes  allowed  in 

Provoking  words — 

use  of,  in  the  Navy 8         10 

Public  buildings  {see  afeo  Public  Property,  Buildings,  &c.) — 

not  to  be  commenced  without  full  plans  and  estimates 3734        28 

cost  not  to  exceed  estimates 3734        28 


377 

Sec. 

Page. 

76 

1500 

76 

1501 

76 

1502 

76 

1502 

76 

1503 

76 

1503 

76 

1504 

76 

1505 

76 

1505 

76 

1505 

76 

76 

76 

1506 

77 

1507 

77 

1508 

77 

1509 

77 

1509 

77 

1509 

77 

1561 

77 

1562 

78 

1372 

78 

1605 

109 

1607 

109 

313 

8 

10 

2001 

222 

8 

10 

20 

13 

20 

13 

3718 

25 

1135 

107 

425 

61 

1471 

63 

1565 

182 

1473 

182 

1436 

182 

183 

378  INDEX. 

Sec.    Page. 
BuBLic  BUILDIXGS — Continued. 

not  to  be  erected  or  repaired,  &c. ,  at  greater  cost  than  appropria- 
tion  5503        31 

rent  of,  in  the  District  of  Columbia  _ 31 

extra  compensation  for  disbursing  appropriations  for 3654        72 

Public  documents  {see  also  Public  printing) — 

annual  reports  to  be  famished  Public  Printer  by  1st  November .  _  196      185 

Opinions  of  Attorney-General  to  be  edited  and  printed 383      185 

distribution  of  same 185 

Secretary  of  the  Interior  charged  with  custody  of 497      185 

distribution  of,  by  him 500,505       185 

Congressional  Directory,  to  be  printed 77,  3801       188 

Biennial  Register,  preparing  and  printing  of 510      188 

extra  copies  of,  may  be  furnished  by  Public  Printer 3809      187 

may  be  bound,  at  cost,  by  Public  Printer,  for  Congressmen 187 

Public  printing  and  binding — 

Public  Printer  to  purchase  all  materials,  &c. ,  necessary  for 3760      185 

to  take  charge  of  all  matter,  &c 3760      185 

may  purchase  in  open  market,  under  special  authority 3778      186 

amount  restricted.    February  1,  1878 186 

to    procure    the    engraving    and  lithographing    for  charts, 

maps,  &c 3779       186 

after  advertisement  and  contract,  if  over  $1 ,  200 3780      186 

may  make  immediate  contracts,  in  exigencies,  &c 3780      186 

not  otherwise  provided  for  by  law,  to  be  done  by  Government  Printer  3786       186 

bureaus  or  offices  restricted  in  printing  their  reports 3788      186 

to  be  executed  only  on  written  requisitions 3789      186 

form  and  style,  to  be  determined  by  Public  Printer 3790      186 

Public  Printer  to  keep  an  account  of  all 3802      186 

not  to  print  in  excess  of  the  appropriation 3802      187 

style  of  binding  specifically  indicated,  June  20,  1878 187 

estimates  for,  to  be  furnished  by  Public  Printer.     Jujie  20,  1878.  187 
cost  of  printing  to  be  placed  to  debit  of  Department.     June  20, 

1878    187 

certificate  of  head  of  Department,  as  to  necessity  of,  June  20,  1878  187 
Public  Printer  to  do  binding  at  cost,  on  application  of  Congressmen, 

December  10,  1877 187 

may  furnish  extra  documents  at  cost  and  10  per  cent,  added.  _  3809      187 

annual  reports  to  be  furnished  to  Congress  at  first  meeting 3810      187 

accounts  of,  to  be  rendered  to  Secretary  of  Treasury  quarterly 3815       187 

condition  of,  to  be  reported  to  Congress  at  opening 3821       187 

impressions  from  vignettes  and  portraits  by  Bureau  Engraving —  188 

sale  of  Nautical  Almanac,  proceeds  to  go  to  appropriation  for 50 

Public  property — 

unlawfully  destroying,  punishment  for 4          8 

not  preventing  unlawful  destruction  of ' 8        10 

wasting  or  permitting  waste  of 8         10 

delivering  less  than  named  in  receipt 14         11 

false  certificate  as  to  receipt  of 14        11 

misappropriating  or  wrongfully  selling 14         11 

purchasing,  from  parties  not  authorized  to  sell 14         11 

cannot  be  alienated  by  officers  (decision) 314 


INDEX.  379 

Sec.    Page. 
Public  pbopekty,  buildings,  and  grounds — 

no  expenditures  for,  until  validity  of  title  is  established 355      192 

nor  until  consent  of  legislature  is  obtained —  355      192 

district  attorneys  to  assist  in  examining  titles 355      192 

heads  of  Departments  to  furnish  evidence  of  titles 355       192 

expenses  of  procuring,  paj^able  from  contingent 355      192 

assent  of  legislature  to  purchase  of  lands  to  be  procured 1838       192 

contracts  for  buildings,  &c.,  not  to  exceed  appropriations ._  3733,  5503      192 

penalty  for  violation  of  this  provision 5503       192 

land  not  to  be  purchased  without  authority  of  law 736       192 

decisions,  &c. ,  on  purchase  of  lands  (notes) 192-3 

inventory  of  public  property  to  be  kept _.  197      193 

additions  to,  and  sales,  &c. ,  to  be  noted 197      193 

of  stores  in  the  navy-yards  to  be  taken 197 

willfully  stranding  vessels,  injuring  equipment,  &c.     Article  4 1624      193 

unlawfully  destroying  public  property.     Article  4 1624       194 

stealing,  embezzling,  &c.,  public  property,  March  3,  1875 194 

purchasing,  &c.,  from  persons  unauthorized  to  sell,   March  3, 

1875 194 

selling,  by  soldiers,  of  clothing,  &c. ,  furnished  them 3748       194 

or  receiving  or  having  possession  of  same 3748      194 

arson  of  dwellings  within  forts,  &c 5385       195 

armories,  arsenals,  &c 5386       195 

of  vessels  of  Navy,  equipments,  &c 5387      195 

concealing,  selling,  and  pledging  public  property 5438      195 

exacting  receipts  for  more  than  delivered,  &c 5438      195 

embezzling  arms,  stoves,  ammunition,  &c 5439       195 

robbery  of  personal  property  belonging  to  the  United  States 5456       195 

water  in  public  buildings,  not  to  be  wasted 196 

drawings  and  specifications  required,  before  commencing  build- 
ings   196 

appropriations  to  be  within  the  limits  of  the  law 196 

expenses  in  change  of  plan,  not  allowed  without  authority  of 

Congress 196 

vessels,  sale  of,  by  direction  of  the  President 1540      197 

by  the  Secretary  of  the  Navy 1541       197 

stricken  from  register,  after  appraisement 197 

old  material,  sale  of,  disposition  of  proceeds 1541,  3617,  3618  197-8 

detailed  statement  to  be  in  book  of  estimates 3672      198 

report  of,  to  be  made  in  annual  report.     August  5,  1882 197 

ordnance  condemned,  sale  of,  &c.     March  3,  1878 198 

issue  of  arms  by  Secretary  of  War,  to  protect.     March  1,  1879.  _.  306 
Public  or  Department  records — 

fees  for  copying,  in  Department  of  State 213      189 

copies  from,  under  seal,  admitted  as  evidence 882      189 

in  office  of  Solicitor  of  Treasury,  evidence 883      1 90 

transcripts  from,  in  Treasury  Department  in  case  of  suits,  under 

seal,  evidence 886       190 

when  originals  may  be  required  - 886      190 

trial  for  embezzlement,  transcript  from  books  of  Treasury  suffi- 
cient  887      190 

copies  of  returns  in  Eeturns  office,  admitted  as  evidence 888      190 

copies  of  consular  records,  under  seal,  evidence ___  896      190 


See. 

Page, 

5403 

191 

5403 

191 

5408 

191 

189 

24 

14 

22 

13 

23 

14 

25 

14 

35 

15 

30 

14 

5330 

254 

380  INDEX. 


Public  or  Department  records — Continued. 

willfully  destroying,  punishable  by  fine  and  imprisonment 

or  taking  or  carry  away  unlawfully,  punishable  by  fine  and 

imprisonment 

custodians  of,  willfully  destroying,  &c. ,  punishment  prescribed  _  _ 
decisions  and  opinions  regarding  (notes) 

Public  worship — 

conducted  by  chaplain  according  to  form  of  church  of  which  a 

member 1397        22 

Punishment— 

by  order  of  commanding  ofl&cer 

for  offenses  not  specified 

for  offenses  committed  onshore 

by  officer  temporarily  commanding 

by  general  courts-martial 

by  summary  courts-martial 

corporal  and  pecuniary,  adjudged,  remission  or  pardon  of  either.  _ 

^. 

Quarantine — 

estimates  for  expenses  of,  to  be  in  detail,  by  the  Secretary  of  the 
Navy 

expenses  of  vessels  of  the  Navy  in  foreign  ports,  estimates  to  be  in 
detail 

expenditures  to  be  accounted  for 

restraints  established  by  State  laws  to  be  observed 

refrigerating  or  disinfecting  ship  for  purposes  of.  April  18,  1879  _ 
hulks  for,  to  be  furnished  by  Secretary"  of  the  Navy.  June  14,1 879  . 
contagious  diseases  and  vessels  from  infected  ports.     June  2,  1879. 

detail  of  medical  officers  for  service  at  foreign  ports 

officers  from  the  Departments  for  National  Board  of  Health.  _ 
no  extra  compensation  allowed 

Quarreling — 

with  persons  in  the  Navy,  punishment  for 

or  fomenting  quarrels  between  persons 

Quarters — 

pusillanimously  crying  for,  in  battle,  how  punished 

Quarters  (of  Marine  Corps) — 

allowance  to  officers 

may  be  procured  without  adequate  appropriation 

the  terms  pay  and  emoluments  include  (notes) 

R. 

Race — 

persons  not  to  be  deprived  of  rights,  on  account  of 

Railroads— 

inter-State  communication  by 

withholding  of  payments  from  land-grant 

companies  may  bring  suit ._ 

Rank — 

members  of  general  courts-martial  to  take  place  according  to 39        16 

of  officers  not  to   be  changed  by  benefit  of  continuous  service, 

March3,  1883 21 

nor  except  under  authority  of  law 1506        82 


3666 

132 

3666 

132 

3666 

132 

4792 

292 

292 

292 

293 

293 

292 

293 

8 

10 

8 

10 

1270 

120 

3732 

28 

61 

5510 

20 

5258 

294 

5260 

294 

5261 

294 

INDEX.  381 

Sec.    Page. 
Bank — Continued. 

of  chief  engineers 1390-1476    37-8 

of  passed  assistant  engineers _ 1390-1476    37-8 

assistant  engineers _. 1390-1476     37-8 

of  chief  of  Bureau  of  Steam  Engineering 1471        38 

of  engineers  retired  from  age  or  length  of  service 1481        38 

of  assistant  surgeons,  absent  when  entitled  to  examination 1372        48 

of  line  officers,  in  grades 1362        45 

of  junior  lieutenants  and  junior  ensigns.     March  3,  1883 46 

of  secretary  to  admiral  and  vice-admiral 1367        46 

relative,  between  officers  of  the  Army  and  Navy 1466        78 

of  line  officers  according  to  date  of  com  mission 1467        79 

commanding  officers  to  take  precedence  in 1468        79 

of  aid  or  executive 1469        79 

rights  of  staff  officers,  senior 1470        79 

relative,  of  chiefs  of  bureaus 1471         79 

of  line  officer,  chief  of  bureau,  below  grade  of  commodore 1472        79 

of  officers  retired  from  staff  bureaus,  from  age,  &c 1 473        79 

ofstaffcorps  on  the  active  list 1476-1480  79-80 

serving  ftiithfuUy  forty-five  years,  when  retired 1481         80 

or  when  retired  at  age  of  sixty-two  years  after  forty-five 

years' service 1481        80 

retired  from  causes  incident  to  the  service 1482        81 

ofgraduates  at  Academy 1483,1484,1521  81-82 

relative,  ofstaffcorps,  according  to  length  of  service 

in  what  manner  estimated 

of  staff  officers  gives  no  additional  right  to  quarters 

nor  to  exercise  military  command 

precedence  according  to,  in  processions  on  shore,  courts,  &c 

assimilated,  President  may  give  to  warrant  officers 

of  officers  of  revenue-cutter  service  co-operating  with  Navy 

of  commandant  of  the  Marine  Corps 

adj  utant,  paymaster,  and  quartermaster 

of  officers  of  Marine  Corps  same  as  similar  grades  in  the  Army 

of  Judge- Advocate-General  of  the  Navy 

Ransom— 

money  distributable  in  same  manner  as  prize 4642      290 

Eapp: — 

within  forts,  arsenals,  &c. ,  punishable  by  death 5345       255 

Eates — 

of  vessels  of  the  Navy  for  commands 1529        94 

Rating — 

of  all  persons  on  board  ship  to  be  entered  on  books 

reduction  of,  by  commanding  officer 

by  summary  court 

of  seamen  as  mates,  not  to  discharge  from  enlistment 

Rations — 

to  Navy  and  Marine  Corps  co-operating  with  Army 

midshipmen  and  naval  cadels  entitled  to 

officers  at  sea,  or  attached  to  sea-going  vessels,  entitled  to 

not  so  attached,  and  doing  duty,  not  allowed 

except  ensigns  of  junior  grade  and  cadets 

and  petty  officers,  seamen,  &c 


1485 

81 

1486 

81 

1487 

81 

1488 

81 

1489 

81 

1491 

81 

1492 

81 

1601 

82 

1602 

82 

1603 

82 

82 

20 

12 

24 

14 

30 

15 

1409 

102 

1143 

82 

1577 

82 

1578 

83 

1579 

83 

1579 

83 

1579 

83 

382  INDEX. 

Sec.    Page, 
Rations — Continued. 

constituents  of  the  Navy  ration 

substitution  for  component  parts  when  necessary 

of  extract  of  coffee,  for  coffee  and  sugar, 

if  acceptable  to  the  men 

of  desiccated  tomatoes  for  desiccated  potatoes 

diminution  of  daily  allowance,  when  necessary 

written  orders  to  be  given  therefor,  and  report  made 

stopped  for  the  sick  to  be  accounted  for  by  paymaster 

additional,  of  tea  or  coffee  and  sugar,  at  first  ' '  turning  out " 

thirty  cents  commutation  price  of 

not  allowed  to  retired  officers 

personnel  of  Marine  Corps  entitled  to 

duration  of  contracts  for  certain  articles  for,  extended 

preserved  meats,  pickles,  butter,  and  desiccated  vegetables  for,  pro- 
curement of 

purchase  of  flour  and  baking  of  bread  for 

deduction  of,  for  naval  hospitals  from  patients  therein 

marine  officers  attached  to  sea-going  vessels  not  entitled  to  (deci- 
sion)  

to  officers  of  the  Revenue  Marine 

Rear-Admirals  {me  Admirals,  Rear)— 

pay  of,  on  the  active  list 

retired  as  captains  and  subsequently  promoted 

on  the  retired  list 

Rebels — 

intercourse  with,  how  punishable 

receiving  lett-ers  or  messages  from 

Rebellion — 

certain  persons  who  engaged  in,  ineligible  to  office 

Congress  may  remove  disability  (note) 

claims  of  persons  who  engaged  in,  not  to  be  allowed 

time  for  serving  process  not  included  in  time  engaged  in 

American  vessels  taking  foreign  flag  during,  not  entitled  to  regis- 
ter   4135      248 

provisions  of  law  in  relation  to 1642-5519  306-10 

Recaptured — 

property  of  the  United  States  (notes) 4652      291 

Receipts — 

giving  false  or  fraudulent 14        11 

false  receipts  and  papers  to  defraud  the  United  States 5418-5479  227-8 

Receipts  and  expenditures — 

for  naval  service,  Secretary  of  Treasury  to  submit  annual  report 

to  Congress 135 

with  statement  of  balances  in  hands  of  disbursing  officers 135 

Recorder — 

of  summary  courts,  any  officer  may  be  ordered  to  act  as 27        14 

Records.     {See  Public  records  and  evidence.  ) 
Record  of  court  martial — 

persons  interested  entitled  to  copy  (note) 18 

of  court  of  inquiry,  party  not  entitled  to,  as  a  right  (note) 19 

Recruiting — 

premium  for  and  expenses  of,  estimates  to  be  in  detail. 3666      132 

expenditures  to  be  accounted  for  by  Bureau 3666      132 


1580 

83 

1581 

83 

1581 

83 

1581 

83 

84 

1582 

83 

1582 

83 

1583 

83 

1584 

83 

1585 

83 

1595 

83 

1615 

83 

3721 

84 

3726 

84 

3727 

84 

4812 

84 

314 

755-6 

300 

1556 

65 

1589 

70 

1588 

70 

4 

8 

4 

8 

1786 

150 

150 

3480 

154 

1048 

201 

INDEX.  383 

Sec.    Page. 
Reduction — 

to  rating  ofordinary  seaman,  of  officers  absent  from  command  with- 
out leave _ - --  9        10 

Re-enlistment — 

pay  on,  under  honorable  discharge 1573        69 

pay  of  marines  upon 1281       118 

one  dollar  per  month  retained 1282      118 

forfeited,  unless  serving  faithfully  until  discharged 1282      118 

Reinstatement— 

opinions  and  decisions  relating  to  (notes) _ 104 

Relief — 

failing  to  afford,  in  battle 4          9 

of  destitute  seamen __  4577-8      245 

Regulations — 

refusing  obedience  to  any  lawful .  8        10 

orders,  instructions,  &c. ,  recognized  as 1547        19 

definition  and  force  of  (notes) 19 

copy  to  be  furnished  each  officer  entering  the  service 1548        20 

(of  a  Department)  definition  and  force  of  (notes) 19 

President  may  prescribe  military,  for  Marine  Corps 1620      111 

for  the  Executive  Departments 145 

Remission — 

of  sentence  of  summary  court-martial 33        15 

of  general  court-martial 54         18 

decisions  concerning  (notes) 18 

of  either  corporal  or  pecuniary  punishment,  where  both  are  ad- 
judged   5330      254 

Rent — 

of  buildings  in  District  of  Columbia,  by  Government 31 

Cvstimates  for,  to  be  in  detail 3666      131 

Reports — 

penalty  for  failing  to  make,  to  Congress,  as  required 1780      162 

Reprimand — 

punishment  by,  not  to  be  entered  on  ship's  log 24        14 

Reproachful  words— 

punishment  for  using,  in  the  Navy __  8         10 

Reservations— 

relinquishment  of,  on  contracts 3730        27 

Reserved  timber-lands — 

examination  of,  in  Florida 312 

for  live  oak  and  cedar  timber  for  the  Navy 2458       296 

appointment  of  surveyors,  to  select 2459      297 

selections,  reserved  from  public  sale 2459      297 

employment  of  naval  force  to  prevent  depredations  upon 2460      297 

penalty  for  cutting,  destroying,  and  removing  timber  from 2461       297 

forfeiture  of  vessel  unlawfully  engaged  in  transporting  timber  from.  2462       297 
before  clearing  vessels,  collectors  to  ascertain  character  of  timber  2463,  4205  297-8 

and  to  cause  prosecutions  to  be  instituted 2463      297 

land  officers  to  cause  prosecutions 2463      297 

fines  and  penalties,  to  go  to  pension  fund 4751       273 

unlawfully  cutting  timber  on  any  land  of  the  United  States 5388      298 

or  wantonly  destroying  or  inj  uring  same 298 

if  exported,  liable  to  seizure  wherever  found 298 


384  INDEX. 

See.    Page. 
Keserved  timber-lands — Continued. 

moneys  for  depredations  to  be  covered  into  the  Treasury  (see 

note) 298 

Eesignation— 

quitting  post  before  acceptance  of,  desertion 10  10 

officer  accepting  appointment  in  diplomatic  or  consular  service 

considered  a 1440  19 

toescapedismissalbysentenceof  court-martial,  a  bar  to  restoration-  1441  35 

opinions  and  decisions  concerning  (notes) 36 

Kesolutions— 

of  Congress,  enacting  clause  prescribed 199 

Retired— 

officers  cannot  act  as  agents  or  counsel  for  claims  against  the  Gov- 
ernment (decision) 314 

Eeturns  office — 

copies  of  contracts  to  be  filed  in 3744  29 

preservation  of  same 512-514  30 

copies  may  be  furnished  on  payment  therefor 515  30 

Eetirement — 

after  forty  years'  service,  on  own  application 1443  84 

after  sixty-two  years  of  age,  if  below  grade  of  vice-admiral 1444  84 

not  applicable  to  certain  junior  grades 1445  85 

who  are  to  be  retired  for  physical  or  mental  disability  only  _  1445  85 

after  fifty -five  years'  service,  on  receiving  a  vote  of  thanks 1446  85 

and  if  not  below  the  grade  of  commander 1446  85 

when  not  recommended  for  promotion  hj  both  Boards 1447  85 

not  authorized  for  misconduct  and  drunkenness.     August  5,  1882_  1456  85-6 

but  to  be  discharged  with  not  more  than  a  year's  pay 85 

inability  to  comply  with  orders,  officer  to  go  before  Board  for 1448  85 

or  if  incapacitated  in  j  udgment  of  the  President 1448  85 

composition  of  the  Retiring  Board 1448  85 

its  powers  and  duties 1449  85 

oath  of  members 1450  85 

to  report  cause  of  incapacity 1451  85 

record  and  decision  to  be  laid  before  the  President 1452  85 

incapacity,  result  of  incident  to  the  ser\ice,  retired  pay  allowed.  _  1453  86 

when  not  an  incident,  furlough  pay 1454  86 

or  wholly  retired  with  one  year's  pay 1454  86 

officer  to  have  a  full  and  fair  hearing  before 1455  86 

unless  retired  at  own  request 1465  86 

or  from  length  of  service 1455  86 

or  from  failing  in  examination 1455  86' 

after,  to  be  placed  on  retired  list  of  grade  to  which  belonging 1457  86 

to  be  continued  on  the  Register 1457  86 

to  be  entitled  to  wear  the  uniform 1457  86 

to  be  subject  to  regulations,  &c 1457  86 

to  be  withdrawn  from  command,  except  in  case  of  war 1459  86 

not  to  be  employed  on  active  duty  except  in  time  of  war 1462  86 

in  time  of  war,  may  be  assigned  commands 1463  86 

with  rank  and  title  of  flag  officer 1464  87 

and  receive  obedience  from  older  commissions 1464  87 

and  may  be  restored  to  active  list,  on  vote  of  thanks 1465  87 

not  entitled  to  rations 1595  88 


INDEX. 


385 


Sec.  Page. 
Eetikement — Continued, 

no  promotion  nor  increased  pay  after  August  5,  1882 88 

wholly  retired  to  be  omitted  from  Register 1457  86 

filling  vacancies  caused  by 1458  86 

rank  of  chiefs  of  statf  bureaus  on  retirement 1 473  87 

of  staff  corps  retired  from  age  or  length  of  service 1481  87 

retired  from  causes  incident  to  the  service 1482  87 

pay  of  officers  when  retired ^ 1588  87 

rear-admirals  retired  as  captains 1589  87 

officers  retired  as  third  assistant  engineers 1 590  87 

retired  officers  on  active  duty 1592  88 

retired  on  furlough 1593  88 

transfer  from  furlough  to  retired  pay-list 1 594  88 

of  warrant  officers  (decision) 314 

Retirement  (Marine  Corps) — 

to  be  in  like  Ciises  and  conditions  as  the  Army 16*22  111 

except  in  formation  of  the  Board 1622  111 

selection  and  composition  of  the  Board 1623  111 

after  forty  years'  consecutive  service  as  a  commissioned  officer,  on 

application 1243  112 

thirty  years  in  the  service,  on  own  application 1243  112 

after  forty  years'  service  as  officer  or  soldier,  or  both,  on  own  ap- 
plication.    June30,  1882 112 

after  sixty-four  years  of  age,  compulsory.     June  30,  1882 112 

explanatory  of  the  above.     March  3,  1883 1 12 

from  active  service,  when  incapacitated  for  duty 1245  112 

or  w  holly  retired,  as  President  may  direct 1245  1 12 

powers  and  duties  of  Board  for 1247-1252  112-3 

officer  to  have  a  full  and  fair  hearing 1253  113 

to  be  retired  on  actual  rank . 1254  113 

exceptions  made.     March  3, 1875 113 

to  be  withdrawn  from  command  and  promotion  after 1255  113 

to  be  entitled  to  wear  uniform  of  rank 1256  113 

to  be  continued  on  the  Register 1256  113 

to  be  subj  ect  to  articles  of  war  and  to  trial 1256  113 

vacancies  caused  by,  to  be  filled  by  next  officer  in  rank 1257  113 

pay  of  retired  officers 1274  113 

of  officers  wholly  retired 1275  113 

rank  and  pay  under  certain  conditions  of.     March  3,  1875 113 

opinions  and  decisions 114,  314 

Revexue-Cutti:r  Service — 

rank  of  officers  of,  co-operating  with  the  Navy 1492  299 

provisions  of  law  relating  to  the 2749-2755  299 

co-operating  with  Navy,  to  be  under  direction  of  Secretary  of  the 

Navy 2757  300 

expenses  to  be  defrayed  by  Navy  Department 2757  300 

officers  of,  to  go  on  board  vessels  arriving  in  United  Stiites 2760  300 

shall  be  deemed  officers  of  the  customs  for  that  purpose 2760  300 

filling  of  vacancies  in  grade  of  third  lieutenant.     July  31,  1876.  300 

detail  of  officers  of,  for  Life-Saving  Service  (note) 300 

Revised  Statutes  axd  Statutes  at  Large — 

definition  of  certain  w^ords  used  in 1-6  1 99 

form  of  enacting  clause  in  acts  and  resolutions 7-10  199 

11181 25 


386  INDEX. 

Sec,  Page. 
Eevised  Statutes  axd  Statutes  at  Large — Continued. 

style  and  title  of  appropriation  acts 11  200 

repeal  not  to  revive  former  acts 12  200 

not  to  affect  liabilities,  penalties,  &c 13  200 

to  be  preserved  by  ofiicers  and  delivered  to  successors 1777  200 

treason  and  other  capital  offenses,  limitation  to  indictment 1043  200 

except  in  the  case  of  murder 1043  200 

or  of  persons  fleeing  from  justice. 1045  200 

offenses  not  capital,  limit  to  prosecution 1044  200 

except  as  to  persons  fleeing  from  j  ustice 1 045  200 

crimes  under  revenue  laws,  limitation  to  prosecution 1046  200 

limit  as  to  maintenance  of  suits  under  the  laws 1047  200 

time  beyond  reach  of  legal  process  not  to  be  taken 1048  201 

effect  of  Revised  Statutes  on  acts  passed  prior  to  December  1, 1873.  5596  201 

.    not  to  affect  acts  done,  rights  accrued,  &c 5597  201 

nor  right  to  oflice,  or  change  the  tenure  thereof 5597  201 

prosecutions  and  punishments  not  affected  by  repeals  in  Revised 

Statutes 5598  201 

acts  of  limitation  not  aftected  by  reijeals  in  Revised  Statutes 5599  201 

arrangement  of  Revised  Statutes  no  presumption  of  legislative 

construction- _ 5600  201 

Revised  Statutes  [1st  edition]  not  to  affect  acts  passed  subsequent 

to  December  1,  1873 5601  201 

acts  and  resolutions  to  be  preserved  by  Secretary  of  State _ .  204  202 

Revised  Statutes,  publication  and  distribution  of.     June  20,  1874.  202 

to  be  stereotyped  and  substantially  bound 202 

editing,  printing,  and  sale  of  the  United  States  Statutes 202-3 

opinions  and  decisions  on  force,  &c. ,  of  statutes  (notes) .  203 

Rice — 

allowance  of,  in  Navy  ration 1580  83 

Robbery — 

of  personal  property  belonging  to  the  United  States 5456  1 95 

on  the  high  seas,  in  bays,  on  vessels,  &C-.5323,  5324,5370,  5371,  5373,  5383,  5384  277-9 

accessories  after  the  fact,  how  punished 5533  279 

Rope-walk — 

superintendent  of,  to  be  appointed  from  civil  life 1543  58 

Rules  of  the  sea — 

to  prevent  collisions 4233  216 


Sailmakers.     {See  Warrant  officers.) 
Sailing  directions — 

publication  of,  for  the  Navy  and  commerce 431        44 

Sails  and  rigging — 

of  vessels,  conditions  on  which  repaired 1539        95 

Salaries  {see  also  Extra  Pay  and  Civil  Service) — 

lapsed,  to  be  covered  into  the  Treasury.     August  5, 1882 140 

Sales— 

of  military  or  naval  supplies,  unlawfully,  by  persons  in  the  service  - 

of  public  vessels  by  order  of  the  President 

by  the  Secretary  of  the  Navy 

of  vessels  stricken  from  the  Register.     March  3,  1883 


5438 

195 

1540 

95 

1541 

95 

96 

INDEX.  387 

Sec.  Page. 
Sales — Continued. 

of  materials  that  cannot  be  advantageously  used 1541  95 

of  stores,  &c. ,  of  surveying  expeditions ___ 3692  44 

proceeds  from,  to  be  paid  into  the  Treasury 3617  198 

exceptions  authorized 3618  198 

removal  from  office  for  violating  these  provisions 3619  198 

rex)ort  of  proceeds,  to  be  included  in  Book  of  Estimates 3672  198 

of  stores  unfit  for  further  use.     August  5,  1882 197 

of  condemned  ordnance,  disposition  of  proceeds.     March  3,  1875.  _  198 
Salt  pork— 

allowance  of,  in  Navy  ration 1580  83 

Salvage — 

distribution  of,  in  same  manner  as  prize 4642,  4652  290-1 

defined,  and  decisions  and  opinions  concerning  (notes) 291 

Sanitary — 

condition  of  crew  to  be  inquired  into 20  13 

Scandalous  conduct — 

punishment  for,  in  the  Navy 8  9 

Scientific  schools — 

detail  of  engineers  as  professors  of 39 

Scrubbers — 

number  and  pay  of,  in  Navy  Department  building 184 

Seal — 

impressed  on  paper  valid  in  law 6  199 

on  copies  of  records 882-3  189-90 

Sea  letters — 

vessels  owned  by  United  States  citizens  only,  entitled  to 4190  249 

issuing  or  using  false,  punishment  for 4191  249 

Seamen  (merchant).     {See  Merchant  service). 
Seamen  (navy) — 

promotion  for  extraordinary  heroism,  &c 1407  90 

with  gratuity  and  medal  of  honor 1407  90 

enlisted  for  not  less  than  two  years,  may  be  rated  as  mates 1408  90 

not  discharged  from  enlistment  thereby 1409  90 

number  authorized  to  be  enlisted 1417  90 

transfer  from  Army  to  serve  as 1421  91 

not  to  release  from  indebtedness  or  penalty 1421  91 

to  be  sent  home  on  ex  piration  of  enlistment 1422  91 

to  Atlantic  or  Pacific  coast,  according  to  enlistment 1422  91 

if  longer  detention  not  essential 1422  91 

suhj  ect  to  the  laws  and  regulations  during  detention 1423  91 

discharge  of,  on  expiration  of  term  in  foreign  ports  if  enlisted  abroad  1422  91 

detention  if  necessary  beyond  term 1422  91 

to  be  subject  to  regulations  and  laws 1423  91 

detention  of,  not  to  exceed  thirty  days  after  vessel  arrives  in  Uni- 
ted States 1422  92 

one-fourth  additional  pay  for  detention  beyond  term 1422, 1572  92-3 

voluntary  re-enlistiug  when  detained,  one-foarth  more  pay 1422, 1572  92-3 

shipping  articles  to  contain  substance  of  certain  sections  .7 1422-1425  92 

to  be  granted  honorable  discharges  according  to  form 1426-7  92 

names  of  entitled,  to  be  sent  to  the  Secretary  of  the  Navy  _  _  _  1429  92 . 

to  be  discouraged  from  selling  prize-money,  wages,  &c 1430-4643  92-3 

commanding  officers  to  attest  powers  of  attorney  only,  &c 1430-4643  92 


388  INDEX. 

Sec.    Page. 
Seamen  (navy) — Continued. 

when  assignment  is  to  commence 157C        93 

faithful  and  obedient,  discrimination  in  behalf  of,  as  to  liberty  -_  1431        92 

pay  of,  to  be  fixed  by  the  President 1569        92 

whole,  not  to  exceed  appropriation  fortheyear 1569        92 

performing  duty  of  firemen  and  coal-heavers,  additional  pay  to  _ .  1570        93 

of  wrecked  vessels,  who  did  their  duty,  pay  to  continue 1574        93 

of  captured  vessels,  who  did  their  duty,  pay  to  continue 1 574        93 

dying  in  service,  or  in  destitute  condition,  burial  in   national 

cemeteries 4878        93 

machinists,  discharge  of.     June  16,  1880 93 

Sea  service — 

what  service  shall  be  regarded  as 1571        20 

definition  and  benefits  of  (note) 20 

Secretary — 

of  Naval  Academy,  pay  of 1556        67 

to  Admiral  and  Vice- Admiral  on  shore,  rank  and  pay  of 1367-1556  46-67 

when  on  sea  duty  not  to  be  appointed  from  civil  life.     May  4, 

1878 46 

to  rear-admirals,  to  be  an  officer  not  below  the  grade  of  lieutenant. 

May  4, 1878  __._ 46 

Seditious — 

utterance  of  words,  punishment  prescribed 8        10 

conspiracy  to  overthrow  the  Government 5336      309 

correspondence  with  Indians 2111,  2112       307 

Sellikg  {see  also  Sales) — 

wrongfully,  public  stores  and  property 14        11 

Sentences — 

of  summary  courts-martial,  execution  of 32        15 

of  general  courts-martial,  determination  and  execution  of 50,  53        17 

effect  of  disapproval  (note) 18 

power  of  review  after  approval  (note) 18 

■Service— 

credit  for  volunteer  or  regular,  Army  and  Navy.     March  3,  1883.  21 

no  additional  pay  therefor 21 

Shipping  articles — 

of  the  Navy,  to  contain  substance  of  sections  1422-1424 1425        93 

for  the  merchant  service 4511-12-13      241 

Shipwrecked  {see  also  Wrecked  vessels  and  Vessels) — 

continuation  of  pay  to  crews  of  vessels -.  1574        69 

Shore — 

ofifenses  committed  on,  by  persons  in  the  Navy 23        14 

Shore  duty— 

necessity  and  period  of  employment  on,  to  be  stated  in  order. 

March  3,  1883 22 

Sick— 

care  and  attendance  on  members  of  crew 20        13 

Silver — 

reception  of,  as  freight  on  naval  vessels 8        10 

transportation  of,  by  merchant  vessels 4204      249 

.Sites — 

for  public  buildings,  examination  of  title  of  land  purchased 355       1 92 

contract  for,  not  to  exceed  appropriation 196 


INDEX.  389 

Sec.    Page. 
Slave  trade — 

provisions  of  law  in  relation  to. , 5378-5569  302-6 

Sleeping  on  watch — 

punishment  for 4  8 

Small-stores  fund— 

value  of  issues  of  stores  to  be  credited  to.     February  14,  1879 32 

resources  to  be  applied  to  purchase  of  small  stores.   February  14, 1879  33 

Solitary  confinement — 

on  bread  and  water,  by  order  of  commanding  oflficer 24        14 

in  irons,  single  or  double 24        14 

by  sentence  of  summary  court,  in  irons,  &c 30        15 

Sovereign — 

English,  value  of,  in  payments  by  or  to  the  Treasury 3565       177 

Spanish — 

professor  of,  at  the  Naval  Academy 1528        53 

assistant  professor 54 

Spies — 

punishment  of 5  9 

Spirits — 

distilled,  admission  of,  on  vessels  for  medical  purposes  only 13        11 

Staff  officers  (see  also  under  each  head) — 

senior  to  executive,  right  of  communication 1470        47 

relative  rank  of,  gives  no  additional  right  to  quarters 1487        81 

nor  right  to  exercise  command 1487        81 

precedence  of,  in  own  corps  and  with  the  line 1486        81 

on  boards,  &c.,  according  to  rank , 1489        81 

Staff— 

of  Marine  Corps,  separated  from  the  line 1598      108 

Stabips,  departmental.     (»S'f<' Postage.  ) 

Standards.     {See  Flags.) 

State,   War,   and  Naa^y  building.     {See   Navy  Department 

building.) 
Stationery— 

to  be  contracted  for  for  one  year  only 3735        28 

Station  or  duty — 

absence  from,  without  leave 8        10 

before  being  regularly  relieved 4  8 

deserting  in  time  of  battle,  punishment  for 4  9 

Statutes.     {See  Eevised  Statutes.  ) 
Stealing  {see  also  Public  property) — 

public  property,  money,  &c 14        11 

Steam  Engineering  (Bureau) — 

establishment  of,  in  the  Navy  Department 419      181 

chief  to  be  appointed  from  the  chief  engineers 424      181 

and  to  be  a  skillful  engineer 424       181 

with  relative  rank  of  commodore 1471       182 

and  title  of  engineer-in-chief 1471       182 

exempt  from  sea  service  after  a  full  term,  &c 1436      182 

with  rank  of  commodore  when  retired 1472       182 

pay,  the  highest  of  his  grade 1565       182 

civil  employes  authorized  for  Bureau 183 

Steam  engines— 

estimates  for,  in  yards,  to  be  given  in  detail 3666       131 


390  INDEX. 

Sec.    Page. 

Steam  engines— Continued. 

expenditures  to  be  accounted  for 3666      131 

conditions  of  use  and  purchase  of  patented  articles  for 1537      266 

Steel  cruisers — 

construction  of,  authorized 98-99 

Steerage  officers — 

ensigns  to  be,  unless  assigned  to  duty  as  watch  or  division  officers.  14f)0        47 

Stores  {^ee  aho  Contracts  and  Public;  property)— 

not  to  be  disposed  of  by  persons  in  the  Navy  on  private  account  .  11        11 

of  exploring  and  surveying  expeditions,  sale  of 3692        44 

Stranded  {see  also  Wrecked) — 

vessels  on  foreign  coasts,  duty  of  consuls  as  to 4238      250 

foreign,  purchased  by  citizens  of  the  United  States,  entitled 

to  register _.  4136      248 

Stranding — 

vessel  willfully,  punishment  for 4  8 

of  vessel,  through  negligence 8        10 

Striking  flag — 

without  authority,  punishment  for 4  8 

Striking  superior  officer — 

how  punishable 4  8 

Striking  or  assaulting — 

superior  officer 4  8 

persons  in  the  Navy,  punishment  for 8        10 

Studies — 

naval  cadets  deficient  in 1519        52 

at  Academy,  not  to  be  pursued  on  Sunday 1526        53 

special  course  of,  for  cadets.     August  5,  1882 53 

Subsistence — 

may  be  procured  without  adequate  appropriation 3732        28 

to  persons  honorably  discharged  from  Maiine  Corps  until  reach- 
ing home 1289,1290      119 

Subsistence  stores — 

misappropriating,  wrongfully  selling,  &c 14        11 

purchasing  or  receiving  from  those  not  authorized  to  sell 14        11 

Suffrage — 

residence  required  to  exercise,  in  Territories 2002        20 

officers  of  the  Navy  not  to  interfere  in  right  of 2003        20 

punishment  for  intimidating  persons  from  exercising 5529        21 

or  for  prescribing  qualifications  of 5530        21 

disqualification  for  office  for  interfering  with  the  right  of 5532         21 

Sugar — 

allowance  of,  in  Navy  ration 1580-1     83 

Suits,     (^ce  Distress  warrant   and  Disbursing  officers.) 

Sunday — 

studies  at  the  Academy  not  to  be  pursued  on 1526        53 

Superintendent — 

of  the  Naval  Academy.     [See  Naval  Academy. ) 

of  the  Naval  Observatory  to  receive  shore-pay^of  his  grade 434        56 

of  the  Nautical  Almanac,  who  may  be  assigned  as 436        50 

of  the  rope-walks  at  navy-yards 1543        58 

of  the  mechanical  departments  of  navy -yards 1543         58 

of  the  Navy  Department  building,  appointment  of 184 

number  and  pay  of  employes  in  office  of 184 


INDEX.  391 

Sec.  Page, 
Supplies  [see  aho  Contracts) — 

not  to  be  disposed  of  on  private  account  by  persons  in  the  Navy._  11  11 

President  to  make  regulations  for  procuring,  &c 1549  24 

no  payments  in  advance  for 3648  24 

to  be  procured  after  advertising 3709-3718-3721  24-5 

except  when  public  exigencies  require  immediate  delivery  __  3709  24 
purchase  of,  for  Navy,  to  be  made  under  direction  of  the  Secre- 
tary __ 3714  25 

agents  and  contractors  for,  to  render  accounts  for  settlement 3714  25 

to  be  furnished  by  contract  with  lowest  bidder 3718  25 

articles  excepted  from  this  requirement 3718  25 

surety  not  to  exceed  twice  the  contract  price 371 8  25 

I)roposals  for,  to  be  opened  in  presence  of  bidders 3710,  371 8,  3723  25-6 

and  to  be  preserved  and  reported  to  Congress 3720  26 

report  to  contain  schedule  by  classes,  &c 3720  26 

guarantee  to  enter  into  contract,  with  security,  to  accompany  pro- 
posal    3719  26 

bids  not  to  be  considered  without 3719  26 

bidder  failing  to  bond,  contnict  to  be  made  with  some  other  party.  3719  26 

difference  to  be  charged  up  and  recovered 3719  26 

contractors  failing,  damages  to  be  sued  for 3720  26 

defliulting  contractors  and  sureties  not  eligible  as  bidders 3722  •  26 

copartners  of  firms  not  to  be  received  as  sureties  for  firm  or  each 

other 3722  26 

contractors,  same  Bureau,  not  to  be  received  as  sureties  for  each 

other 3722  26 

fictitious  bids  not  to  be  entertained 3722  26 

more  thau  one  bid  not  to  be  received  from  same  party 3722  26 

in  his  OAvn  or  name  of  others 3722  26 

manufacturers  or  regular  dealers  only  to  receive  contracts 3722  26 

in  foreign  countries,  how  to  be  contracted  for 3723  26 

to  be  awarded  to  lowest  bidder 3723  27 

paymasters  to  furnish  ofiicial  certificates  of  purchases 3723  27 

excessive  prices,  in  proposals  for  classes,  bid  may  be  rejected 3724  27 

hemp,  and  preparations  of,  to  be  American 3725  27 

preserved  msats,  pickles,  batter,  desiccated  vegetables,  how  pro- 
cured   3726  27 

dour,  to  be  purchased  as  may  be  most  advantageous 3727  27 

and  bread  baked  therefrom 3727  27 

home  manufacture,  and  growth,  preference  to 3728  27 

fuel  for  the  Navy,  to  be  procured  in  the  manner  most  advantageous.  3728  27 

for  use  in  District  of  Columbia 3711-32  32 

bunting,  American,  may  be  contracted  for  in  open  market 3729  27 

to  be  marked  with  name  of  contractors 3731  28 

otherwise  not  to  be  received 3731  28 

stationery  or  other  supplies  to  be  contracted  for  for  one  year 3735  28 

contracts  for,  not  to  be  made  without  law  and  appropriation 3732  28 

certain  articles  excepted 3732  28 

sales  of  old,  proceeds  to  be  deposited  in  the  Treasury 3618  198 

Sureties — 

required  of  contractors  in  twice  the  amount 3718,  3719  25,  26 

to  be  sued,  in  case  of  default 3719  26 

defaulting,  not  to  be  received  on  other  contracts 3722  26 

to  bonds  ofpay  officers 1383  62 


392  INDEX. 

Sfc.    Page, 
SUEGEONS — 

chief  of  Bureau  of  Medicine  and  Surgery  to  be  appointed  from__.  426      181 

fifty  allowed  on  the  active  list 1368        48 

qualifications  for  appointment - 1369,1370        48 

detail  of,  as  "  surgeon  of  fleet  " 1373        48 

and  duties  as  such 1374        48 

detail  of,  as  assistant  to  Bureau 1375        49 

relative  rank  of 1474        49 

pay  of,  on  the  active  list 1556        49 

on  the  retired  list 1588        70 

rank  of,  retired  from  age  or  length  of  service 1481        49 

SUEGEOX.s  (Passed  Assistant)— 

number  allowed  on  active  list 1368        48 

detail  of,  as  assistants  to  Bureau 1375        49 

relative  rank  of--- 1474        49 

pay  of,  on  the  active  list  .. 1556        49 

on  the  retired  list 1588        70 

Surgeons  (Assistant) — 

not  in  line  of  promotion,  pay  of 312 

age,  qualification,  and  manner  of  appointment 1370        48 

absent,  w^hen  entitled  to  examination 1372        48 

.  may  be  detjiiled  as  assistiint  to  Bureau 1375        49 

temporary  acting,  in  time  of  war 1411        49 

relative  rank  of 1481        49 

pay  of,  on  the  active  list 1556        50 

on  the  retired  list -__ 1588        70 

Surgical  appliances — 

appropriation  for,  for  disabled  persons 43 

Surplus  fund — 

balances  of  appropriations  not  needed  to  be  carried  to 3690      134 

not  drawn  against  for  two  years  to  be  carried  to 3691      134 

if  not  required  in  settling  accounts 3691       134 

or  for  existing  contracts 3691       134 

not  to  apply  to  permanent  specific  appropriation,  &c.     June 

20,1874 - 135 

nor  to  pay  of  the  Navy  or  Marine  Corps 135 

Surveying  expeditions — 

sale  of  stores  and  supplies,  money  to  revert  to  appropriation 3692        44 

sale  of  articles  used  in,  use  of  proceeds 3618       198 

Summary  courts-martial.     {See  Courts-martials,  summary.  ) 
Suspension — 

from  duty,  by  order  of  commanding  officer 24        14 

sentence  of,  may  include  payand  emoluments 48         17 

opinions  and  decisions  concerning  ( notes) 18 

of  officers  failing  professionally  on  examination 1505        76 

of  civil  officers  {see  tenure-of-office) 147 

Sword — 

officer  arre-sted  for  trial  to  deliver  up 44        17 

on  pain  of  dismissal 44        17 

T. 
Tattooing — 

punishment  by,  not  to  be  inflicted 49        17 


INDEX. 


Tea— 

allowance  of,  ia  Navy  ration 

imported,  not  subject  to  duty 

Telegraphs — 

Government  to  have  priority  in  transmitting  despatches 

at  rates  established  by  Postmaster-General 

entitled  to  purchase  lines 

companies  to  file  written  acceptances  of  obligations 

refusal  to  transmit  dispatches,  penalty  prescribed 

inj  uring  maliciously  telegraph  lines,  punishment  for   

Capitol  and  Departmental  lines __ 

T  ENURE-OF-OFFICE — 

money  not  to  be  paid  as  salary  for  unauthorized  offices 

unless  subsequently  sanctioned  by  law 

money  not  to  be  paid  to  persons  holding  or  exercising  office  con- 
trary to  sections  1767  to  1779 

nor  shall  any  claim  be  paid  or  allowed  to  such — '_ 

penalty  for  violation  of  these  provisions 

to  be  during  term  for  which  appointed .• 

unless  removed  with  advice  and  consent  of  Senate 

authority  of  the  President  to  suspend  civil  officers 

until  next  session  of  the  Senate 

except  j  udges  of  courts  of  the  United  States 

and  to  designate  another  to  perform  duties 

who  will  take  oath,  give  bond,  and  receive  the  pay  of 

the  office 

nomination  in  place  of  suspended  officer  to  be  made  to  Senate  _ 

on  refusal  to  confirm,  another  to  be  made 

nominations  to  fill  all  vacancies  to  be  made  to  Senate  within 

thirty  days  after  commencement  of  session 

authority  to  fill  vacancies  happening  during  recess  of  Senate 

commissions  to  e:?Qpire  at  end  of  ensuing  session 

if  not  confirmed,  office  to  remain  in  abeyance 

without  salary,  fees,  or  emoluments 

until  filled  by  advice  of  Senate 

duties  in  mean  time  to  be  performed  by  other  officer 

authorized  by  law 

duration  of  offices  limited  by  law  not  to  be  extended,  &c 

accepting  or  holding  office  contrary  to  tenure-of-office  act  a  high 

misdemeanor 

punishable  by  fine  and  imprisonment 

same  as  to  removal,  appointment,  and  employment 

commissions  to  be  delivered  after  adjournment  of  Senate 

President  to  notify  Secretary  of  Treasury  of  appointments  with- 
out advice  of  Senate 

Secretary  of  Treasury  to  notify  accounting  and  disbursing 

officers 

list  of  persons  nominated  and  rejected  to  be  furnished  officers  of 

Treasury  by  Secretary  of  Senate 

also  of  nominations  made  and  not  confirmed 

certain  persons  ineligible  to  office 

except  as  members  of  Congress  or  State  legislatures 

maybe  prosecuted  to  removal 


Sec. 

Fage. 

1580 

83 

2503 

236 

5266 

295 

5266 

295 

5267 

295 

5268 

295 

5269 

295 

296 

296 

1760 

147 

1760 

147 

1762 

147 

1762 

148 

1762 

148 

1767 

148 

1767 

148 

1768 

148 

1768 

148 

1768 

148 

1768 

148 

1768 

148 

1768 

148 

1768 

148 

1768 

148 

1769 

149 

1769 

149 

1769 

149 

1769 

149 

1769 

149 

1769 

149 

1770 

149 

1771 

149 

1771 

149 

1772 

149 

1773 

149 

1774 

149 

1774 

149 

1775 

149 

1775 

149 

1786 

150 

1786 

150 

1786 

150 

394  INDEX. 

Sec.    Page, 
Tenure-of-office— Continued. 

holding  office  to  which  ineligible,  a  misdemeanor 1787      150 

opinions  and  decisions  as  to  power  of  the  President  and  the  Execu- 
tive Departments  150 

Territories — 

term  of  residence  for  officers  and  men  to  vote  in 1860        20 

persons  in  Navy  not  to  hold  office  in 1860         20 

punishment  for  depriving  persons  of  rights  in 5510        20 

punishment  for  officers  of  the  Navy  prescribing  qualifications  of 

voters  in 5530        21 

interfering  with  officers  of  elections  in 5531        21 

Testimony— 

before  summary  courts,  to  be  given  orally 29        14 

punishment  for  refusing  to  give,  before  courts- martial 42        16 

Thanksgiving  day — 

public  holiday  in  the  District  of  Columbia 145 

Thanks  OF  Congress.     (>See  Vote  of  thanks.  ) 

Theft — 

punishment  for,  in  the  Navy 8  9 

of  money,  property,  &c.,  belonging  to  the  United  States.     March 

3,  1875-_- 194 

Timber  lands.     {See  Reserved  lands.) 

Timber  inspectors — 

of  yards  may  be  discontinued 1416        57 

Timber  wheels — 

estimates  for,  to  be  in  detail i 3666      131 

Titles.     {See  Public  property.) 

Tobacco — 

advertising  for  proposals.     March  3,  1881 31 

bids  to  be  accompanied  by  samples 31 

lowest,  for  Navy  standard,  to  be  accepted 31 

Tomatoes  (desiccated) — 

substitute  for  dessicated  potatoes  in  Navy  ration 84 

Tools — 

estimates  for  purchase  and  repair,  to  be  in  detail 3666       131 

Torpedoes — 

appropriation  for  purchase  of 32 

condition,  as  to  its  expenditure 32 

Towage— 

estimates  for,  to  be  in  detail 3666      132 

Trade  and  traffic — 

officers  carrying  on,  with  public  funds,  guilty  of  a  misdemeanor.  _  1788      168 

punishable  by  fine,  removal  from,  and  incapacity  for,  office 1788      168 

in  stores,  &c.,  on  vessels  and  at  yards  forbidden 8-11  10-11 

Transfer — 

of  contracts  forbidden 3737        28 

of  accounts  of  enlisted  men 20         13 

from  furlough  to  retired  pay  list 1594        88 

of  soldiers,  to  serve  in  the  Navy  or  Marine  Corps 1421        91 

not  to  release  from  indebtedness  or  penalty 1421        91 

of  prize-money,  wages,  &c.,  by  seamen 1430,  1576,  4643  92,  93,  315 

from  volunteer  to  the  regular  Navy.     March  3,  1883 1412      101 

of  claims  void  under  certain  circumstances 3477      153 


INDEX.  395 

Sec.    Page, 
Transferred— 

tK^ount  of  men,  to  accompany  them 20        13 

dascripti ve  list  of  men,  to  accompany  them _ __  20        13 

Transports — 

examination  of,  for  War  Department 1437        94 

Transportation — 

may  be  procured  without  adequate  appropriation 3732        28 

to  be  furnished  officers,  seamen,  and  marines,  co-operating  with 

Army 1135       107 

al  so  for  baggage,  provisions,  and  cannon 11 35      107 

to  officers  of  Marine  Corps  to  homes  after  honorable  discharge 1289       119 

marines  to  homes  after  honorable  discharge 1290      119 

advertisement  for,  of  articles,  to  appear  not  less  than  five  days 3718      130 

estimates  for,  to  be  given  in  detail 3666      131 

expendi  tures  for,  under  each  Bureavi  to  be  accounted  for 3666       131 

Travel — 

eight  cents  a  mile  allowed  officers  for,  in  the  United  States.     June 

20,  1876 72 

and  only  when  actually  performed  at  own  expense 1566        72 

and  under  order  or  approval  of  Secretary  Navy.     January  18, 

1875 73 

abroad,  actual  expenses  only,  in  lieu  of  mileage.    August  3, 1882.  73 

by  the  most  direct  route 73 

necessity  for,  to  be  certified  by  officer  giving  order 73 

allowance  for  transportation  of  baggage 1566        72 

allowance  for  Government  employes  sent  away  as  witnesses 850        73 

items  of  expense  to  be  sworn  to 850        73 

no  other  compensation  authori  zed 850        73 

for  cadets  admitted  to  AcMemy 73 

eight  cents  a  mile  to  marine  officers 1273      117 

■  by  shortest  usually  traveled  route 1273       117 

necessity  for,  to  be  stated  in  the  order,  March  3,  1883 117 

allowed  to  prisoners  after  parole 1288       119 

allowance  to  marine  officers  honorably  discharged 1289       119 

marines  honorably  discharged 1290       119 

how  computed 1290       119 

expenses  for,  estimates  to  be  in  detail 3666      131 

Treason — 

indictment  to  be  found  within  three  years _.  1043      200 

time  when  absent  in  rebellion  not  embraced 1048       201 

provisions  of  law  in  relation  to 1033-1034      307 

Trusses — 

to  whom  furnished 1176         42 

examination  of  applicants  for 1177        42 

to  be  purchased  by  Surgeon-General  of  the  Army 1178        42 

Trust — 

betrayal  of,  in  time  of  war,  punishment  for 4          8 

^  corrupting  any  person  to  betray 5          9 

V. 

Vacancies — 

in  the  head  of  Department,  first  or  sole  assistant  to  perform  du- 
ties  177      146 


396  INDEX. 

See.  Page. 
Vacancies — Continued. 

unless  the  President  otherwise  directs 177  146 

or  the  head  of  any  other  Department 179  147 

or  any  other  eomniissioned  officer  in  either  Department 179  147 

if  the  President  so  directs 179  147 

temporary  appointment  not  to  exceed  ten  days,  in  case  of  death  or 

resignation 180  147 

temporary  appointments  under  section  177  and  178  to  he  made  as 

therein  provided,  except  during  recess  of  the  Senate 181  147 

officer  performing  duties  of  another,  not  entitled  to  any  other  com- 
pensation than  that  of  his  proper  office 18*2  147 

in  the  head  of  a  Bureau,  assistant  or  deput}'^  to  perform  duties 178  146 

if  there  be  none,  then  the  chief  clerk 178  146 

unless  the  President  otherwise  directs,  as  in  section  179.  178  146 
Vegetablks — 

allowance  of,  in  Navy  ration 1580-81  83 

desiccated,  how  procured 3726  84 

Vessels  (Navy) — 

willfully  stranding  or  inj uring,  punishment  for 4  8 

standing  of,  through  negligence 9  10 

condemned,  cannot  be  exchanged  for  others  (note) 95 

the  term  "vessel,"  used  in  the  statutes,  indicates  every  description 

of  water-craft 3  199 

definition  of,  as  used  in  Title  "Prize" 4614  285 

name  of  enlisted  men  on,  to  be  entered  onship's  books 20  12 

date,  place,  and  term  of  enlistment  to  be  given 20  12 

list  of  officers  and  passengers  on,  to  be  sent  to  Secretary  Navy 20  12 

muster  roll  of  crew  to  be  forwarded  to  Department 20  13 

lost,  authority  of  officers  over  crew  of ;_-  21  13 

officei*s  or  men  aeting  contrary  to  discipline  of  the  Navy 21  13 

shipwrecked,  continuation  of  pay  to  crew —  1574  69 

captured,  continuation  of  pay  to  officers  and  crew  . 1575  69 

officers  of,  to  be  citizens  of  United  States 1428  94 

division  into  four  classes  for  com  mands 1529  94 

classification  by  guns 1530  94 

howto  be  named .1531  94 

not  more  than  one  to  bear  same  name 1532  94 

names  of  purchased,  may  be  changed 1533  94 

to  be  kept  in  actual  service,  as  President  may  direct 1534  94 

residue  to  be  laid  up  in  ordinary 1534  94 

to  be  officered  and  manned  as  President  may  direct 1535  94 

to  cruise  in  aid  of  distressed  navigators 1536  95 

and  be  fully  prepared  to  render  assistance 1 536  95 

when  patented  articles  may  be  used  on  steam  vessels 1537  95 

repairs  to  hull  and  spars,  not  over  $3,000  to  be  expended 1538  95 

until  necessity  and  probable  cost  is  determined  by  Board 1538  95 

of  whom  Board  shall  consist 1538  95 

repairs  to  sails  and  rigging,  not  over  $1,000  to  be  expended 1539  ^5 

until  necessity  and  probable  cost  is  determined  by  Board 1539  95 

of  whom  Board  shall  consist 1539  95 

repairs  to  wooden  ships  not  to  exceed  20  per  cent,  of  cost  of  new 

ones.     March3,  1883 , 96 

engines  and  machinery  not  to  exceed  20  per  cent,  of  cost  of 

new  ones.     March  3,  1883 96 


INDEX. 


397 


Sec.    Page. 
Vessels  (Navy) — Continued. 

out  of  repair,  President  may  direct  sale  of 1540        95 

Secretary  of  the  Navy  may  order  sale  of 1541         95 

report  to  be  made  to  Congress 1541        95 

Board  for  the  examination  of  all.     August  5,  1882 95 

to  report  those  unfit  for  further  service 95 

whose  names  will  be  stricken-  from  the  Register.     March 

3,  1883 96 

examination,  as  often  as  once  in  three  years 95 

stricken  from  the  Register,  to  be  advertised  and  sold 96 

not  for  less  than  appraised  value 96 

in  course  of  construction,  removal  of 96 

establishment  of  coal  depots  for Supplement  and  1 552  97-313 

employment  against  piratical  aggressions 4293        97 

on  surveying  coast 4686        97 

definition  of  ^ '  public  vessels ' '  (note) 97 

to  be  furnished  for  marine  schools.     June  20,  1874 97 

hulk^,  to  be  placed  at  disposal  of  quarantine  authorities.     June 

14,  1879 97 

' '  steam  cruisers, ' '  appropriations  for,  &c 98-9 

double-turreted  monitors,  launching  of.     August  5,  1882 100 

completion  of  engines  and  boilers.     March  3,  1 883 100 

sustaining  accident,  report  to  be  made.     June  20,  1874 100 

marine  officers  not  to  exercise  command  over 1617      110 

lost,  credits  to  paymasters  of , 284      128 

date  of  loss,  to  be  fixed  by  accounting  officers 286      128 

compensation  to  crew  for  personal  effects 287      128 

payment  to  widow  in  case  of  death 289      128 

compensation  to  officers  for  personal  effects 290      129 

schedule  and  certificate  required 290      129 

continuation  of  pay  to  crews  of 1574-5        93 

in  distress,  estimates  for,  to  be  in  detail 3666       132 

sunk  or  destroyed,  appropriation  for  clothing,  &c 3689      133^ 

not  employed  in  transportation  of  merchandise,  not  subject  to    . 

entry 2791       237 

wrecked  within  waters  of  the  United  States,  disposition  of 313 

Vessels  (merchant) — 

wrecked  or  condemned,  extra  wages  not  to  be  paid  to  seamen 4583      246 

of  the  United  States,  what  are  deemed 4131      247 

not  entitled  to  privileges  unless  wholly  owned  by  citizens 4131      247 

and  commanded  by  them 4131      247 

officers  of,  to  be  citizens  of  the  United  States 4131      247 

entitled  to  register,  those  built  within  the  United  States 4132      248 

and  belonging  to  citizens  thereof 4132      248 

also  vessels  condemned  as  prize  and  forfeited  under  law,  if 

owned  by  citizens 4132      248 

not  entitled  to  register  by  citizens  residing  in  a  foreign  country  __  4133      248 

unless  a  consul  of  the  United  States 4133      248 

or  concerned  in  a  house,  composed  of  citizens  of  the  United 

States  carrying  on  trade  themselves 41 33      248 

nor  if  owned  by  naturalized  citizens  residing  abroad  a  fixed 

time 4134      248 

unless  by  a  consul  or  public  agent  of  the  United  States. .  4134      248 


398  INDEX. 

Sec.  Page. 
Vessels  (merchant) — Continued. 

may  be  registered  anew,  if  sold  in  good  faith  to  citizen  of  the  United 

States 4134  248 

proof  of  citizenship  to  be  exhibited 4134  248 

American  vessels  taking  foreign  flag  during  rebellion  not  entitled 

to  register 4135  248 

wrecked  and  purchased  by  citizens  of  the  United  States  may  be 

registered 4136  248 

provided  repairs  equal  three-fourths  of  cost 4136  248 

registered  in  the  United  States,  transferred  to  foreign  subjects 4172  248 

forfeited  under  certain  conditions 4172  248 

to  have  number  carved  or  marked  on  main  beam 4177  249 

not  so  marked,  no  longer  recognized  as  an  American  vessel  __  4177  249 

names  and  port  of  registry  to  be  painted  on  stern 4178  249 

if  not,  liable  to  penalty 4178  249 

names  of,  not  to  be  changed  for  purposes  of  fraud 4179  249 

on  pain  of  forfeiture  of  vessel 4179  249 

obtaining  fraudulent  register,  liable  to  forfeiture 4l89  249 

of  citizens  of  the  United  States,  only,  entitled  to  sea-letters,  &c__  4190  249 

punishment  for  issuing  or  using  false  sea-letters 4191  249 

to  receive  on  board  gold,  bullion,  &c.,  of  the  United  States  for 

transportation 4204  249 

to  receive  reasonable  compensation  therefor 4204  249 

tariffs  or  fees  consuls  are  entitled  to  from 4207  250 

stranded  on  foreign  coasts,  duties  of  consuls 4238  250 

passports  to  be  furnished  by  collectors 4306  250 

requirements  to  obtain  same 4306  250 

penalty  for  departing  without 4307  250 

for  unregistered  vessels 4308  250 

to  deposit  papers  with  consular  officer 4309  250 

penalty  for  failure  to  do  so 4310  250 

consul  to  obtain  clearance  for  vessel 4309  250 

list  of  crew  to  be  delivered  to  collector  of  customs  before  clearance.  4573  251 

to  be  examined  by  him  and  certified 4574  251 

bound  on  foreign  voyage,  rules  as  to  crew  list,  &c 4575  251 

wrecked,  penalty  for  plundering 5358  252 

showing  false  lights  that  vessels  may  be    5358  252 

conspiracy  to  cast  away 5364  252 

willfully  casting  away 5365-5367  252 

settlement  of  accounts  of  crew  of  lost 287  128 

forging  or  altering  ship' s  papers,  penalty  for 5423  252 

yachts,  legal  requirements  relative  to 4214-4218  253 

lost  by  misconduct,    negligence,    &c.,    officers,    guilty  of  man- 
slaughter   5344  255 

mutiny  on  board,  how  punished 5359  256 

revolt,  and  usurping  command,  punishment  for 5360  256 

Yice-Admikal  {see  also  Admiral,  vice) — 

pay  of -  1556  65 

grade  to  cease  on  becoming  vacant 1362  45 

Vignettes — 

impressions  from,  may  be  furnished  by  Bureau  of  Engraving 188 

Visitors — 

Board  of,  at  Academy,  appointment 54 


INDKX  399 


YOLUNTEEES — 

national  homes  for  disabled 

insane,  admission  to  Government  Asylum 

in  the  rebellion,  acts  relative  to  bounty  to 

officers  and  men  of  Marine  Corps  to  receive  credit  for 

longevity  pay,  computation  of,  &c 

appointment  of  acting  assistant  surgeons  in  time  of  war 

transfer  from,  to  regular  Navy,  credit  for  service 

credit  to  marine  officers  for 

discharge  and  transfer  of  officers  of 

credit  in  regular  Navy  for,  March  3,  1833 

no  additional  pay  for,  March  3,  1883 

admission  to  national  homes  of  volunteer  soldiers  and  sailors 

Voters — 

punishment  for  officers  of  Navy  intimidating 

and  for  prescribing  qual ifications  of 

YOTE   OF   THANKS — 

advancement  of  officers  receiving 

such  officers  only  affected 

retention  on  active  list 

not  to  interfere  with  promotion  of  others 

vacancy  from  retirement  or  death  not  to  be  filled 

restoration  of  officers  to  active  list  on  receiving 

advancement  of  marine  officers  on  receiving . 

YOTING — 

term  of  residence  required  by  persons  in  the  Navy  in  Territories  for. 

YOUCHERS — 

penalty  for  using  false 


Wages — 

assignment  of,  by  enlisted  men 1576  93 

to  be  attested  by  commander  and  paymaster 1576  93 

sale  of,  to  be  discouraged 1430  92 

attempting  to  obtain,  by  false  papers 5435,  5436  227 

of  workmen  at  navy-yards,  how  fixed . 58 

Warrant  officers — 

retirement  of,  opinion  Court  of  Claims 314 

as  many  as  actuall}^  necessary  may  be  appointed 1 405  102 

boatswains,  gunners,  carpenters,  and  sailmakers,  denominated 1406  102 

promotion  of  seamen  to,  for  heroic  conduct 1407  102 

with  gratuity  and  medal  of  honor 1 407  102 

not  to  discharge  from  enlistment 1409  102 

assignment  of  gunners,  as  keepers  of  magazines 1416  102 

in  appointment  of,  preference  to  honorably  discharged  men 1417  102 

*     may  be  ordered  in  charge  of  stores  on  foreign  stations 1438  102 

bond  required  in  such  cases 1439  102 

assimilated  rank  may  be  given  to,  by  the  President 1491  102 

pay  of,  on  the  active  list 1556  103 

on  the  retired  list 1588  70 


Sec. 

Page. 

4832 

41 

41 

214-15 

1600 

108 

115-16 

1411 

101 

1412 

101 

1600 

101 

101 

101 

101 

41-42 

5529 

21 

5530 

21 

1508 

77 

1509 

77 

1509 

77 

1509 

77 

1510 

77 

1465 

87 

1607 

110 

1860 

20 

14 

11 

400  INDEX. 

Sec.    Page. 
Warrants— 

drawn  on  Treasury  by  Secretary  Navy  to  be  countersigned  by 

Second  Comptroller 273      126 

and  registered  by  Fourth  Auditor 3675      127 

money  to  be  drawn  from  Treasury  by 3673,  3675       127 

to  state  appropriations  to  which  chargeable 3675       127 

to  be  countersigned  by  Comptroller  and  Auditor 3673      127 

Wasting — 

ammunition  and  other  public  property 8        10 

Watchmen  (Na\-y) — 

estimates  for,  to  be  in  detail 3666      131 

Watchmen  (in  the  Departments) — 

to  receive  $720  per  annum 167      139 

not  to  be  employed  beyond  appropriations,  August  15,  1876-.  140 

number  and  pay  regulated  by  appropriations,  August  5,  1882 140 

not  to  hi  p-iid  from  contingent  appropriations,  August  5,  1882 140 

number  and  pay  of,  in  Nav}'  Department  Building 184 

Water — 

in  public  buildings  to  be  shutoff 196 

Weights  and  measures — 

employment  of  metric  system  legalized 3569       178 

tables  of  measure  and  weight 3570      179 

Wet  dock— 

at  Norfolk,  land  for 59 

Wharfage — 

estimates  for,  to  be  in  detail 3666       131 

Whipping — 

punishment  of,  not  to  be  inflicted 5327      254 

j  urisdiction  of  State  courts  not  impaired 5328      254 

Witness?:s — 

before  courts-martial,  oath  of 41        16 

punishment  for  refusing  to  testifj",  &c 42         16 

persons  on  trial  may  be,  at  own  requests 43        16 

sent  from  place  of  business,  traveling  expenses  allowed 850        73 

subp  ena  of,  in  cases  of  claims  against  the  United  States 184       151 

compensation  allowed _  185*     152 

punishment  for  refusing  to  testify 186      152 

conspiring  to  intimidate  before  the  courts ___ 5406      309 

Women — 

may  be  appointed  to  similar  clerkships  as  men 165      139 

with  the  same  compensation 165      139 

employed  in  subordinate  clerical  duties  to  receive  $900 167      139 

as  copyists  and  counters  the  same 167      139 

and  when  temporarily  employed  as  clerks 167      139 

Wood — 

for  use  by  Government  in  District  of  Columbia,  how  procured 3711         32 

allowance  of,  in  Marine  Corps 121 

WORKINGMEN — 

not  to  be  required  to  contribute  for  political  purposes 1546      207 

not  to  be  removed  for  political  opinions 1546      207 

Workmen — 

eight  hours  a  day's  work  for  all,  employed  by  Government 3738        29 

Wounded — 

amelioration  of,  international  convention 262 


INDEX.  401 

Sec.    Page. 
Wreckbd  {see  also  Vessels) — 

vessels,  disposition  of,  by  Secretary  of  War  and  Treasury  (Supple- 
ment)   313 

vessels  of  foreign  country,  purchased  by  citizens  without  register.  4136       248 

on  foreign  coasts,  duty  of  consuls 4238      250 

vessels,  penalty  for  plundering 5358      252 

showing  false  lights,  that  vessels  may  be 5358      252 

definition  of  the  word  as  used  in  section  4136  (note) 291 

Wyoming — 

prize-money  to  officers  and  crew  of. 313 

Y. 

Yachts — 

for  pleasure,  may  be  licensed  by  the  Secretary  of  the  Treasury 4214      253 

owner  to  give  bond  not  to  engage  in  trade 4214      253 

nor  violate  the  revenue  laws 4214      253 

not  to  transport  merchandise  or  passengers  for  pay 4214      253 

name  to  be  on  hulls 4214      253 

subject  to  the  laws  and  liable  to  seizure 4214      253 

charges  for  license  and  inspection ._ 4214      253 

signals  to  be  prescribed  by  Secretary  of  the  Navy 4215      253 

naval  architects  permitted  to  examine  and  copy  models 4215      253 

foreign,  privileges  allowed  to 4216      253 

commissions  to,  as  a  token  of  credit  abroad 4217      253 

returning  from  abroad  to  make  entry  at  custom-house 4218      253 

Yards  and  Docks  (Bureau) — 

established  in  the  Navy  Department 419       181 

selection  of  chief  of 421,422      181 

rank 1472      182 

pay 1565      182 

civil  employes  authorized  in 183 

11181 26 


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